IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 14650 of 2011(E) -------------------------------------- PETITIONER: ------------------- K.K.SAIFEY, S/O.K.K.KOCHUMUHAMMED, AGED 51 YEARS, KARUTHENTE PARAMBIL HOUSE, 49/54-A, AYYAPPANKAVU, ERNAKULAM, KOCHI-18. BY ADVS. SRI.K.J.KURIACHAN, SRI.SUNIL JACOB. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD – 682 030. 3. THE TAHASILDAR (R.R.), KANAYANNOOR TALUK, ERNAKULAM, KOCHI-11. 4. THE DEPUTY TAHASILDAR (R.R.), KANAYANNOOR TALUK, ERNAKULAM, KOCHI-11. 5. CANARA BANK, REPRESENTED BY THE SENIOR MANAGER, M.G.ROAD BRANCH, ERNAKULAM-682 011. R1 TO R4 BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14650/2011-E: APPENDIX PETITIONERS' EXHIBITS & ANNEXURES: EXT.P.1: COPY OF THE PLAINT IN O.S. NO.933/2010. EXT.P.2: COPY OF THE DEMAND NOTICE DTD. 01/03/2011 RECEIVED BY THE PETITIONER ON 23/05/2011. EXT.P.3: COPY OF THE DEMAND NOTICE DTD 01/03/2011 ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. EXT.P.4: COPY OF THE OBJECTION DTD. 28/05/2011. EXT.P.5: COPY OF THE STATEMENT OF ACCOUNT ISSUED BY THE R.5. BANK FOR THE PERIOD FROM 01/10/2009 TO 06/05/2011. ANNEXURE I: COPY OF THE BILL DTD. 24/05/2011 ISSUED BY M.A.J. HOSPITAL, EDAPPALLY. ANNEXURE II: COPY OF THE RECEIPTS DTD. 08/06/2011 FOR RS.5,000/- & RS.20,000/-. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 14650 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of August, 2011. J U D G M E N T The petitioner is aggrieved by the proceedings initiated by the 5th respondent through respondents 2 to 4 for recovery of loan amounts due from the petitioner to the 5th respondent. The petitioner now seeks six months' time to pay off the amounts. 2. I have heard the learned Counsel for the 5th respondent as well as the learned Government Pleader. 3. This Court passed two interim orders on 31.5.2011 and 20.6.201, which read as follows: “Standing counsel for the 5th respondent bank is directed to get instructions and to file a statement, if so advised. Meanwhile, further coercive steps of recovery initiated pursuant to Exts. P2 and P3 notices shall be kept in abeyance subject to condition of the petitioner remitting a sum of Rs. 40,000/- (rupees forty thousand only) within two weeks from today.” I.A. No. 9525/2011 Extension sought for is opposed by the learned counsel appearing for the 5th respondent. However, considering the averments contained in the affidavit filed in support of the I.A, time for extension to comply with the interim order dated 31.5.2011 is extended till 30.6.2011.” It is admitted by the counsel for the 5th respondent that the conditions in the interim orders have been complied with. In the above circumstances, this writ petition is disposed of with a direction to the respondents to permit the petitioner to pay the balance amounts due in 6 equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be W.P(C) No. 14650 of 2011 -: 2 :- paid on the first working day of every succeeding month. If the petitioner pays the instalment amounts on due dates without default, coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondents to continue recovery proceedings without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/