IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 22409 of 2009(U) -------------------------- PETITIONER: --------------- SATHEESH,AGED 33 YEARS,S/O.NARAYANAN, ELAVUMKUDY HOUSE,VALAYANCHIRANGARA.P.O, ARACKAPPADY VILLAGE,ERNAKULAM DISTRICT. BY ADV. MR. C.A.NAVAS MS. SIMI C.SIVASANKAR MR. K.I.SAGEER MR. P.A.SHAJI SAMAD RESPONDENTS: --------------- 1. THE BRANCH MANAGER,THE UNION BANK OF INDIA,ARACKAPPADY, BRANCH,ERNAKULAM DISTRICT. 2. THE VILLAGE OFFIER, ARACKAPPADY, KUNNATHUNADU TALUK,ERNAKULAM DISTRICT. 3. THE DEPUTY TAHSILDAR,REVENUE RECOVERY, TALUK OFFICE, KUNNATHUNADU. R1 BY ADV. SRI.A.S.P.KURUP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22409 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st day of August, 2009 JUDGMENT The petitioner had availed an agricultural loan of Rs. 70,000/- from the respondent Bank on 16.9.2004, under the Prime Minister's Rosgar Yogna (PMRY) Scheme. It is the admitted case of the petitioner that, the petitioner could not effect the repayment as scheduled, under which circumstance, the Bank has proceeded with the coercive steps under the Kerala Revenue Recovery Act, as borne by Ext.P5, which hence is sought to be intercepted in this Writ Petition. 2. The learned counsel for the respondent Bank submits that, the Bank has already filed a counter affidavit today stating that, the petitioner was earlier extended the benefit of OTS, but the same was not availed by him, effecting necessary payments as prescribed. Subsequently, a new Scheme has been notified, whereby the petitioner's loan is eligible to be classified as 'other farmer', who in turn is entitled to have a rebate of 25 % of the 'over due' amount. It is further clarified from the part of the Bank that, the benefit in this regard will be of Rs. 2195.25, provided the petitioner pays a sum of Rs. 6585.75 as communicated vide Ext.P4, on or before the 31st December, 2009. 3. The learned counsel for the petitioner submits that, the petitioner is ready and willing to deposit the sum of Rs. 6585.75 within WP (C) No. 22409 of 2009 : 2 : the prescribed time, along with outstanding liability under the loan account, if some breathing time is provided in this regard. 4. Considering the facts and circumstances, the petitioner is permitted to clear the liability by way of 'four' equal monthly installments; the first of which shall be effected on or before the 10th of September, 2009; and the remaining installments shall be effected or before the 10th of the succeeding months, except the last installment, which could be effected on or before the 31st of December, 2009. Subject to the above, the coercive proceedings, stated as being pursued against the petitioner, pursuant to Ext.P5, shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in effecting the payments as above, the respondents will be at liberty to proceed with further steps, for realization of the entire amount in a lump sum, from the stage where it stands now. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd