IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 10301 of 2011(K) -------------------------- PETITIONER(S): --------------- B.HARIHARATMAJAN NAIR, S/O.BALAKRISHNAN NAIR, REVATHY BHAVAN, PUTHANCHIVAYAL, MARAYOOR P.O., PIN-685 620. BY ADV. SRI.V.M.SYAM KUMAR SMT.KRIPA ELIZABETH MATHEWS RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, IDUKKI, IDUKKI DISTRICT, KERALA-685 603. 2. DEPUTY TAHSILDAR (RR), TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT, KERALA-685 613. 3. THE MANAGER, STATE BANK OF TRAVANCORE, MARAYOOR BRANCH, MARAYOOR P.O., PIN-685 620. BY ADV. SRI.SATHISH NINAN, SC FOR R3 SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10301 of 2011(K) APPENDIX PETITIONER'S EXHIBITS :- P1 :- COPY OF THE DEMAND NOTICE BEARING No.K3-1964/11 dtd.4.3.2011 ISSUED BY THE 2nd RESPONDENT P2 :- COPY OF THE DEMAND NOTICE BEARING No.K3-1964/11 dtd.4.3.2011 ISSUED BY THE 2nd RESPONDENT RESPONDENTS' EXHIBITS :- NIL //TRUE COPY// P.A.TO JUDGE ami/ C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.10301 of 2011 ------------------------------- Dated this the 14th day of June, 2011. J U D G M E N T Challenge in this writ petition is against revenue recovery steps initiated pursuant to Exts.P1 and P2 notices. The amounts sought to be realised pertains to arrears in a loan account, which was availed by the petitioner from the 3rd respondent Bank. Even though various contentions are raised, I do not find any legally tenable ground to hold that the petitioner is not liable for payment of the amounts under the demand. 2. However, when the writ petition came up for admission on 31.3.2011, as a gesture of indulgence an interim stay was granted against further coercive steps, subject to condition of the petitioner remitting a sum of Rs.1 lakh, on or before 15.4.2011 and a further sum of Rs.1 lakh on or before 25.5.2011. It is reported that the amounts stipulated has already been remitted. 3. Learned counsel for the petitioner makes an appeal 2 W.P.(C).No.10301 of 2011 to this Court to permit payment of the balance amounts in a phased manner, within a reasonable time. It is noticed that the total amount due under the demand is Rs.5,48,641/- along with future interest due thereon. I am of the view that, even though interference on merits is not warranted, the petitioner can be permitted to wipe off the liability by paying the entire balance in instalments, within a reasonable time. 4. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery, provided the petitioner remits the entire balance along with interest and other charges if any, in 6 (six) equal monthly instalments, falling due on or before 30.6.2011 and on or before the last day of the succeeding months. 5. It is made clear that on the event of default in payment of any one of the instalments as stipulated above or any future monthly instalments, the respondents will be free to proceed with further steps, on the basis of the notice 3 W.P.(C).No.10301 of 2011 already issued, and on such event the petitioner will be precluded from raising any subsequent challenge. C.K.ABDUL REHIM, Judge ami/