IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 23807 of 2010(A) ------------------------------------------- PETITIONER(S): ------------------------- YUSUF KUNHI ,S/O. ABDUL KHADER, AGED 50 YEARS, RESIDING AT 'SAINABA MANZIL', CHERAVALLI MURI, KAYAMKULAM. BY ADVS. SRI.A.K.ABDUL AZEEZ, SRI.RENJIT GEORGE. RESPONDENT(S): -------------------------- 1. DEPUTY TAHSILDAR (REVENUE RECOVERY), HARIPPAD. 2. VILLAGE OFFICER, KARTHIKAPALLI TALUK, KAYAMKULAM. 3. CANARA BANK KAYAMKULAM BRANCH,REPRESENTED BY ITS BRANCH MANAGER. R1 & R2 BY GOVERNMENT PLEADER SRI. SHAMSUDDIN R3 BYADV. SRI. N. RAJAGOPALAN NAIR, SC, CANARA BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J. --------------------------- W.P.(C) No. 23807 OF 2010 -------------------------- Dated this the 30th day of July, 2010 J U D G M E N T The petitioner is stated as aggrieved by Ext.P1 Revenue Recovery notice seeking to realise a total sum of Rs.2,14,098/- with further interest and collection charges. The petitioner had availed a loan from the respondent-bank in the year 2006, agreeing to pay the due amount by way of 'daily payment scheme', at the rate of Rs.200/- per day. However, because of some unforeseen circumstances, the petitioner could not discharge the liability in toto, which made the third respondent bank to proceed with further steps moving the revenue authorities, leading to Ext.P1, which in turn is under challenge in this writ petition. 2. Learned counsel for the petitioner submits that the petitioner is not in a position to clear the entire liability in a lump and the indulgence sought for is to permit the petitioner to clear the liability in a phased manner, assuring that the entire liability will be cleared by way of four or five equal monthly instalments. 4. After hearing both sides, the petitioner is permitted to clear the liability by way of 'five' equal monthly instalments; the first of which shall be effected on or before 30th August, 2010 to be WPC No.23807/2010 2 followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to this, revenue recovery proceedings pursuant to Ext.P1 shall be kept in abeyance. It is made clear that if any default is committed by the petitioner in clearing the outstanding amount as above, the respondents will be free to proceed with further steps for realisation of the entire amount in a lump sum. The writ petition is disposed of accordingly. P.R.RAMACHANDRA MENON (JUDGE) vps WPC No.23807/2010 3 WPC No.23807/2010 4 WPC No.23807/2010 5 WPC No.23807/2010 6