IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 6605 of 2009(U) -------------------------------------------- PETITIONER(S): ---------------------- SHIBU KUMAR P.K. S/O. LATE RAGHAVAN NAIR, AGED 37 YEARS, PULIYULLAKANDY HOUSE, THURUTHIYAD P.O., BALUSSERY (VIA) PIN 673 612, KOZHIKODE DIST. BY ADV. SRI.VINOD SINGH CHERIYAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY) VADAGARA, KOZHIKODE. 4. THE VILLAGE OFFICER, BALUSSERY VILLAGE, KOZHIKODE DIST. 5. THE MANAGER, BANK OF INDIA, CAICUT BRANCH, KOZHIKODE. R1 TO R4 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R5 BY SHRI C.A. JOY, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 6605 OF 2009 U -------------------------------------- Dated this the 30th March, 2009 JUDGMENT Heard the learned counsel for the petitioner, learned standing counsel for the fifth respondent Bank and also the learned Government Pleader. 2. Petitioner availed a loan. There was default. Recovery steps are taken under the Revenue Recovery Act. It is stated that the petitioner has already paid Rs.50,000/= pursuant to the interim order. Petitioner seeks permission to pay off the amount in instalments. It is pointed out that the business broke down. In such circumstances, the Writ Petition is disposed of directing that further proceedings pursuant to Exts.P1 and P2 will be kept in abeyance on condition that the petitioner remits the entire amount remaining to be paid less collection charges in ten equal monthly instalments. This will be naturally after giving credit to the amount already paid under the interim order of this Court. The first instalment shall be paid on or before 25.4.2009 and the WPC.6605/09 U 2 remaining instalments on or before the 25th of every succeeding month. If the petitioner does not remit any of the instalments, he will lose the benefit of this Judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. It is pointed out that collection charges have been recovered from the petitioner. In view of the fact that only Exts.P1 and P2 notices have been issued, I feel that the collection charges have to be given back to the petitioner. Accordingly, there will be a direction to the third respondent to refund to the petitioner the amount collected, if any, by way of collection charges within one month from the date of production of a copy of this Judgment. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge