IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 20012 of 2011(B) --------------------------------------- PETITIONER(S): ------------------------ MATHAI, 62 YEARS, S/O.ANTONY, CHINGINIMATTOM HOUSE, NEAR ST.JAMES HOSPITAL, CHALAKUDY, THRISSUR DISTRICT. BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): -------------------------- 1. DEPUTY TAHSILDAR (RR), TALUK OFFICE, IRINJALAKUDA, THRISSUR, PIN-680 121. 2. STATE BANK OF TRAVANCORE, HEAD OFFICE, THIRUVANANTHAPURAM, PIN-695 012, REPRESENTED BY ITS GENERAL MANAGER. 3. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, CHALAKUDY BRANCH, THRISSUR, PIN-680 307. R1 BY GOVT. PLEADER R2 & R3 BY ADV. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 20012 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BANK STATEMENT ISSUED BY THE 3RD RESPONDENT DATED 18/05/2011. EXT.P2: COPY OF THE REPRESENTATION DATED 19/05/2011 FILED BY THE PETITIONER. EXT.P3: COPY OF THE LETTER DATED 30/05/2011 OF THE 2ND RESPONDENT. EXT.P4: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 18/06/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.20012 OF 2011 ---------------------------------------------- Dated this the 26th day of July, 2011 JUDGMENT The petitioner challenges proceedings under the Revenue Recovery Act initiated by respondents 2 and 3 through the 1st respondent for recovery of an educational loan availed of by the petitioner from the 3rd respondent. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts in instalments. 2. This is opposed by the learned Standing Counsel for the bank. 3. However, taking a lenient view, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off the amounts due in twelve equal monthly instalments starting from 1.8.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in W.P.(C)No.20012/11 2 abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE acd W.P.(C)No.20012/11 3