IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 30684 of 2010(I) --------------------------------- PETITIONER(S): ------------------- 1. UNNIKRISHNA PILLAI, AJAYA BHAVAN, KARIMPUZHA, PUTHOOR P.O., KOLLAM. 2. SOBHANA SANKARAPILLAI, PANAKKAL MADOM, TOWN NORTH, KOTTARAKKARA. BY ADV. SRI.V.PREM CHAND RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, KOLLAM-691 001. 2. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, KOTTARAKKARA-691 506. 3. STATE BANK OF TRAVANCORE, PUTHOOR, P.B.NO.1, UDAYA BUILDINGS, PUTHOOR, REPRESENTED BY ITS MANAGER-691 507. R1 & R2 BY GOVT.PLEADER SRI.BENOY CHANDRAN R3 BY ADV.SRI.R.S.KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.30684 of 2010-I ---------------------------------------- Dated this the 1st day of November, 2010. J U D G M E N T Petitioners are aggrieved by the coercive steps of recovery initiated under provisions of Kerala Revenue Recovery Act for realising the amount due to the third respondent, in various loan accounts, which were availed by the petitioners. On getting notice under the Revenue Recovery Act, the petitioners have filed representation before the third respondent as evidenced from Exts.P4 and P5, wherein specific requests were made for considering waiver of penal interest and other expenses and for permitting payment of the balance amount in easy instalments. Since such requests were not considered and the coercive steps were pursued, the petitioners are approaching this Court. 2. As a gesture of indulgence, when the writ petition came up for consideration, this Court had granted an interim stay against further steps on condition of the petitioners remitting a sum of Rs.75,000/- each. The said order was issued on 6.10.2010 stipulating the payment to be made within a period of two weeks thereof. Eventhough the petitioners have not W.P(C) No.30684 of 2010-I 2 remitted the amounts within the time stipulated, it is now reported that, the amounts were already paid. Under such circumstances, I am of the opinion that the matter can be disposed of directing the third respondent to consider Exts.P4 and P5 requests and to take appropriate decision thereof. 3. In the result, the writ petition is disposed of directing the third respondent to consider Exts.P4 and P5 representations submitted by the petitioners and to take a decision regarding permitting the petitioners to pay off the liability in a phased manner, after allowing waiver of interest and penal interest to the possible extent, if necessary after affording an opportunity of personal hearing to the petitioners. 4. In order to facilitate the third respondent to take a decision on Exts.P4 and P5 as directed above, further steps of recovery pursuant to Exts.P2 and P3 shall be kept in abeyance for a period of one month from today. C.K.ABDUL REHIM JUDGE ab