IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 28338 of 2011(N) ---------------------------------------- PETITIONER(S): ------------------------- 1. M.K.ANIL KUMAR,S/O.M.K.KUTTAN, AGED 30 YEARS,MADATHIPPARAMBIL,ELANTHIKKARA, PUTHENVELIKKARA,ERNAKULAM DISTRICT. 2. M.K.KUTTAN,AGED 62 YEARS,MADATHIPARAMBIL, ELANTHIKKARA,PUTHENVELIKKARA,ERNAKULAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): ----------------------------- 1. THE DEPUTY TAHSILDAR(REVENUE RECOVERY), NORTH PARAVOOR, ERNAKULAM DISTRICT -683 513. 2. THE VILLAGE OFFICER,PUTHENVELIKKARA, ERNAKULAM DISTRICT-683 512. 3. THE CATHOLIC SYRIAN BANK,PUTHENVELIKKARA BRANCH,REP.BY ITS MANAGER,PUTHENVELIKKARA, ERNAKULAM DISTRICT-683 512. R3 BY ADV. SRI. R.S. KALKURA, SC, CATHOLIC SYRIAN BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28338/2011 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE RELEVANT EXTRACT OF THE IST PETITIONER'S LOAN ACCOUNT PASS BOOK. EXT.P2: A TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT,DATED 21.5.2011. EXT.P3: A TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT,DATED NIL. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 28338 of 2011 ================== Dated this the 25th day of October, 2011 J U D G M E N T The petitioners challenge revenue recovery proceedings initiated by the respondents for recovery of loan amounts defaulted by the 1st petitioner. The petitioners do not dispute the liability to pay or the quantum. The petitioners only seek facility to pay off the amounts due in instalments. 2. This is opposed by the learned Government Pleader and the learned counsel for the bank. 3. However, taking a lenient view, I dispose of this writ petition with the following directions; The petitioners shall pay the balance amounts due in six equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on the due dates without default, coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioners commit default in payment of any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge - : 2 :-