IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 29111 of 2010(L) --------------------------------- PETITIONER(S): ------------------- VIJAYAKUMAR.G., S/O.KRISHNAN NAIR, AGED 50 YEARS, THEVIRETHU HOUSE, IRAVON.P.O., KONNI. BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): -------------------- 1. SYNDICATE BANK, PATHANAMTHITTA, REPRESENTED BY ITS BRANCH MANAGER. 2. THE TAHASILDAR (RR), PATHANAMTHITTA. R1 BY ADV. SRI.R.S.KALKURA, SC. R2 BY GOVT.PLEADER SRI.BINOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.29111 of 2010-L ---------------------------------------- Dated this the 1st day of November, 2010. J U D G M E N T Challenge in this writ petition is against revenue recovery proceedings initiated for realising the amounts due to the first respondent Bank in a loan availed by the petitioner. Petitioner has not raised any legal challenge against sustainability of the steps initiated under the Revenue Recovery Act. On the other hand the petitioner only seeks indulgence of this Court in permitting payment of the balance amounts in instalments, on the ground that due to his illness and other circumstances he is not in a position to pay the liability in lump sum. 2. On 22.9.2010 when the writ petition came up for consideration, this Court directed the second respondent to keep in abeyance further coercive steps of recovery, subject to condition of the petitioner remitting a sum of Rs.25,000/- within two weeks thereof. But learned standing counsel appearing for the first respondent subsequently pointed out W.P(C) No.29111 of 2010-L 2 that the petitioner had remitted an amount of Rs.25,000/- in another loan account in which he is the borrower, whereas the recovery steps was initiated with respect to loan account in which he is only a guarantor. Under such circumstances, this Court had issued a further order on 6.10.2010 directing the petitioner to make deposit of a further sum of Rs.25,000/- in the particular loan account with respect to which the recovery steps has now been initiated. 3. Today when the matter was taken up, learned counsel for the petitioner submitted that the petitioner could not make payment of the further sum of Rs.25,000/- as directed, within the stipulated time. However, it is assured that the amount will be paid within ten days from today. 4. Recording the above submission, the writ petition is disposed of directing the petitioner to remit a sum of Rs.25,000/- as directed in the order dated 6.10.2010 on or before 11.11.2010. The petitioner is directed to make payment of the balance outstanding amount along with W.P(C) No.29111 of 2010-L 3 interest if any due in 8 (eight) equal monthly instalments falling due on or before 30.11.2010 and on or before the last day of succeeding months. 5. It is made clear that on the event of default in payment of the sum of Rs.25,000/- before 11.11.2010 or any one of the subsequent monthly instalments, within the date stipulated as above, the respondents will be free to proceed with further steps of recovery. 6. It is further made clear that the above relief is granted subject to the condition that the petitioner is precluded from raising any subsequent challenge against such proceedings. The Writ Petition is disposed of with the above observations. C.K.ABDUL REHIM JUDGE ab