IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22499 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------ SAIMAN. T.A., S/O. ABRAHAM, THATTAMPARAMBIL HOUSE, KOTTARA KUNNU. P.O., MANANTHAWADY, WAYANAD. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): -------------------------- 1. KERALA STATE BACKWARD CLASS DEVELOPMENT CORPORATION LTD., THIRUVANANTHAPURAM-5, REPRESENTED BY ITS MANAGING DIRECTOR. 2. TAHSILDAR, MANANTHAWADY, WAYANAD-670 645. 3. VILLAGE OFFICER, PORUNNANNOOR MANANTHAVADY, WAYANAD-670 645. R1 BY ADV. SRI.C.E.UNNIKRISHNAN, SC, K.S.B.C. DEVP.CON. R2 & R3 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 22499 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION FOR LOAN. EXT.P2: COPY OF THE LOAN AGREEMENT DATED 02/08/2007. EXT.P3: COPY OF THE NOTICE DATED 11/12/2009 OF THE 2ND RESPONDENT. EXT.P4: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: COPY OF THE PATIENT DISCHARGE SUMMARY FORM SRI.SATHYA SAI INSTITUTE OF HIGHER MEDICAL SCIENCES, BANGALORE. EXT.P6: COPY OF THE NOTICE OF 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S.SIRI JAGAN, J. ================== W.P.(C).No. 22499 of 2011 ================== Dated this the 18th day of August, 2011 J U D G M E N T The petitioner obtained a loan from the 1st respondent-Kerala State Backward Development Corporation. The petitioner defaulted in repayment. The respondents have initiated revenue recovery proceedings, which is under challenge in this writ petition. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the 1st respondent. 3. Having heard both sides, I dispose of this writ petition with the following directions: The petitioner shall pay the balance amount due in ten equal monthly instalments starting from 1.9.2011. 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 recover the entire amounts due in a lump sum 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