IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 9972 of 2006(K) ------------------------- PETITIONER(S): --------------- ARUN MATHEW THOMAS, AGED 40 YEARS, S/O. THOMAS MATHEW, PALM COURT, IDUKKI ROAD, THODUPUZHA. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, IDUKKI. ADDL. 3. THE CANARA BANK, THODUPUZHA BRANCH, REPRESENTED BY ITS MANAGER. ADDL. R3 IS IMPLEADED AS PER ORDER ON I.A.NO. 5389 OF 2006 DATED 7.4.2006 R1 AND R2 BY G.P. SMT. SMITHA ADDL. R3 BY ADV. SRI.K.ANAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE DATED 1.3.2006 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2 TRUE COPY OF THE LETTER DATED 9.3.2006 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 9972 OF 2006 -------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT Petitioner is challenging notice issued proposing arrest on account of non-payment of arrears due to the Bank. It is not known whether the liability is settled with the Bank or not. In any case if petitioner fails to clear the arrears, recovery can be continued, including arrest. However, there will be direction to the 2nd respondent to consider petitioner's ability to pay and order arrest only if he has means and still refuses to pay. It will be open to the 2nd respondent to conduct enquiry in respect of life-style of the petitioner, property held in the name of relatives, etc. in proceedings under Section 65 of the RR Act. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2