IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 37846 of 2008(E) ----------------------------------------------- PETITIONER(S): --------------------- 1. M.M. SHAMSUDDIN, AGED 48 YEARS S/O. MOIDEEN M.P., MULAKKAMPPILLIL HOUSE CHITTETHUKARA, KAKKANAD, ERNAKULAM. 2. M.M.SHAFEEK, AGED 40 YEARS S/O. MOIDEEN M.P., MULAKKAMPPILLIL HOUSE CHITTETHUKARA, KAKKANAD, ERNAKULAM. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): -------------------------- 1. THE CANARA BANK, THRIPUNITHURA BRANCH REPRESENTED BY ITS MANAGER. 2. THE TAHSILDAR REVENUE RECOVERY, KANAYANNUR TALUK ERNAKULAM. 3. THE VILLAGE OFFICER, KAKKANAD,ERNAKULAM R1 BY SHRI P. GOPINATH MENON, SC. R2 & R3 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 37846 OF 2008 E -------------------------------------- Dated this the 13th January, 2009 JUDGMENT The first petitioner availed a loan from the first respondent Bank and the second respondent stood as surety. First petitioner committed default. The Bank filed a civil suit. The civil suit stands decreed. Recovery steps are taken under the Kerala Revenue Recovery Act. Petitioners challenge the same. In the light of the fact that the Suit is decreed, it is certainly open to the Bank to pursue recovery steps under the Kerala Revenue Recovery Act. Therefore, there is nothing illegal in the proceedings taken against the petitioners. Then, Shri S. Shanavas Khan, learned counsel for the petitioners prayed that the petitioners may be permitted to pay off the amounts due in instalments. I feel that the said request can be granted. Accordingly, the Writ Petition is disposed of directing that the recovery proceedings taken under the Kerala Revenue Recovery Act against the petitioners will be kept in abeyance on condition WPC.37846/08 E 2 that the petitioners remit the entire amount due with due interest less the collection charges in eight equal monthly instalments, the first of which shall be payable on or before 4.2.2009 and the remaining instalments on or before the 4th of every succeeding month. The first respondent Bank will intimate the petitioners within two weeks from today the exact amount of instalments to be paid by the petitioners in terms of this Judgment. In case the petitioners do not pay any single instalment, they will forfeit the benefit of this Judgment and it will be open to the respondents to proceed against the petitioners in accordance with law. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge