IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 29639 of 2011(D) ------------------------------------ PETITIONER(S): ----------------------- JAYAPRAKASH, AGED 61 YEARS, S/O. BHASKARA MENON, GEETHANJALI HOUSE, P.O. KUNNAMKULAM, CHIRALAYAM DESOM, KUNNAMKULAM VILLAGE, THRISSUR DISTRICT. BY ADVS. SRI.P.G. SURESH SRI.C.V. MANUVILSAN SMT.K. VIDYA SRI. RAJAN VISHNURAJ RESPONDENT(S): ------------------------- 1. STATE BANK OF INDIA, REPRESENTED BY ITS MANAGER, KUNNAMKULAM BRANCH, THRISSUR-680503. 2. THE AUTHORIZED OFFICER (REVENE RECOVERY) OFFICE OF DEPUTY TAHSILDAR (REVENUE RECOVERY), THALAPALLI TALUK OFFICE, THRISSUR-680 001. 3. THE VILLAGE OFFICER, VILLAGE OFFICE KUNNAMKULAM, THALAPALLI TALUK, THRISSUR-680 001. R1 BY ADV. SRI. N. RAJAGOPALAN NAIR R2 & R3 BY GOVERNMENT PLEADER SRI.S. JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.29639/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTOCOPY OF THE PAYMENT RECEIPTS EVIDENCING THE PAYMENT OF RS.26,200/- EXT.P2: PHOTOCOPY OF THE DEMAND NOTICE DATED 10.02.2011. EXT.P3: PHOTOCOPY OF THE NOTICE BEARING NO.TALUK (D2) FILE NO.2011/3033/8/200 DATED 10.02.2011. EXT.P4: PHOTOCOPY OF THE POST CARD DATED 18.10.2011 ISSUED BY THE VILLAGE OFFICER, KUNNAMKULAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV S.SIRI JAGAN, J. ================== W.P.(C).No. 29639 of 2011 ================== Dated this the 25th day of November, 2011 J U D G M E N T The petitioner challenges revenue recovery proceedings initiated by the respondents for recovery of loan amounts defaulted by the petitioner. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the bank. 3. However, taking a lenient view, I dispose of this writ petition with the following directions; The petitioner shall pay the balance amounts due in five equal monthly instalments starting from 2.1.2012. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates without default, coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioner commits 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 :-