IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 857 of 2010(F) ------------------------------------ PETITIONER(S): ------------------------ T.J. THANKACHAN, S/O. KURIAN, THUNDIVAYALIL HOUSE, ATTAPPALLAM, KUMALI. BY ADV. MR.BIJU .C. ABRAHAM RESPONDENT(S): ------------------------- 1. THE DY.TAHSILDAR, REVENUE RECOVERY, PEERMADE. 2. VILLAGE OFFICER, VILLAGE OFFICE, KUMALI 3. CENTRAL BANK OF INDIA, KUMALI. R1 & R2 BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.857 of 2010-F ---------------------------- Dated this the 9th day of March, 2010. J U D G M E N T The petitioner had availed a loan of Rs.25,000/- from the third respondent Bank on 22.6.2006. But the amount could not be repaid on time, leading to coercive steps under the Revenue Recovery Act at the instance of the respondent Bank, which is sought to be intercepted in this Writ Petition. 2. When the matter came up for consideration before this Court on 11.1.2010, urgent notice on admission was ordered by speed post to the third respondent. 3. The learned Government Pleader appearing for the respondents 1 and 2 submits that, further proceedings on Exts. P1 and P2 were intercepted on condition that the petitioner remitted a sum of Rs.5,000/- which has been complied with; under such circumstances, interim order was extended on 10.2.2010. 4. Despite the completion of service of notice on admission, nobody has entered appearance so far, from the part of the respondent Bank. Considering the submission made by the learned counsel for the petitioner that the petitioner is ready and willing to clear the entire liability by way of reasonable instalments W.P(C) No.857 of 2010-F 2 and also taking note of the plight of the petitioner as described in the Writ Petition, which has not been chosen to be rebutted from the part of the respondent Bank, this Court finds it fit and proper to permit the petitioner to clear the entire liability by way of instalments. 5. Accordingly, the petitioner is permitted to clear the outstanding liability by way of 'ten' 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 Exts.P1 and P2 shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the Bank, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The petitioner is permitted to effect the deposit as above directly to the third respondent. The issue as to the liability of the petitioner to pay the collection charges, if any, is left open. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON ab JUDGE