IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 6690 of 2010(I) -------------------------------------- PETITIONER(S): -------------------------- K.P.PAULOSE,AGED 57 YEARS,S/O.OUSEPH, KALAMBADAN HOUSE,MURIKKUNGAL.P.O,MURIKKUNGUL, THRISSUR. BY ADV. MR.P.DEEPAK RESPONDENT(S): -------------------------- 1. THE SYNDICATE BANK,REPRESENTED BY ITS BRANCH MANAGER,MATTATHUR BRANCH, THRISSUR DISTRICT. 2. THE DEPUTY TAHSILDAR,(REVENUE RECOVERY), MUKUNDAPURAM. R1 BY ADV. MR. R.S. KALKURA, SC, SYNDICATE BANK R2 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.6690 of 2010-I ---------------------------- Dated this the 5th day of March, 2010. J U D G M E N T The petitioner is challenging Ext.P2 revenue recovery proceedings being pursued by the respondents in respect of the amount stated as due from the petitioner under a loan transaction. The petitioner points out some discrepancies, particularly with regard to the account number and as to the sustainability of the proceedings against him. 2. The learned counsel for the first respondent Bank submits that the averments and allegations raised by the petitioner in the Writ Petition are thoroughly wrong and misconceived. It is stated that the petitioner had availed a loan of Rs.1 lakh from the Bank and that the respondent Bank has not taken any coercive steps in respect of the said loan. The present proceedings have been initiated with respect to a different cause of action, so far as the petitioner has stood as a surety for a loan extended to one Mr.Paulson. This being the position, the steps taken to realise the W.P(C) No.6690 of 2010-I 2 due amount are not assailable under any circumstances. 3. The learned counsel for the petitioner submits that the petitioner might be permitted to clear the liability under Ext.P2 by way of reasonable instalements. Taking note of the rival submissions and also taking note of the fact that the petitioner is eking out his livelihood by running a small provisional store in 'two cents' of land, the petitioner is permitted to clear the liability under Ext.P2 by way of 'six' equal monthly instalments; the first of which shall be effected on or before the 30th of this month; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive proceedings pursuant to Ext.P2 shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the respondents, to proceed with further steps for realisation of the entire amount in a lump sum, from the stage where it stands now. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab