IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 2609 of 2009(I) ------------------------- PETITIONER(S): --------------------- JAYARAM.P.O, S/O. PARAMU, AGED 54, PUTHUVELIPPARAMBU, ELANKUNNAPPUZHA.P.O, EAST OF SUJATHA CENTRE, VYPEEN - 682 503. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): ------------------------ 1. THE MANAGER,SYNDICATE BANK, VADHUTHALA BRANCH. 2. STATE OF KERALA, REPRESENTED BY DEPUTY TAHSILDAR, RR, KOCHI-11. ADV. SRI.R.S.KALKURA FOR R1 R2 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.2609 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2009 JUDGMENT Matter relates to two loans availed by the petitioner. Petitioner claims the benefit of waiver under the Agricultural Debt Waiver and Debt Relief Scheme. 2. I heard learned counsel for the petitioner and the learned counsel appearing on behalf of the Bank besides the learned Government Pleader. 3. It is not in dispute that the petitioner has availed two loans of Rs.35,000/- and Rs.40,000/-. In respect of the loan of Rs.35,000/- admittedly the petitioner has been given waiver of a sum of Rs.13,562/- and in respect of the loan of Rs.40,000/-, petitioner has been given waiver of a sum of Rs.16,127/-. In all, a total sum of Rs.29,689/- has been waived under the Waiver Scheme. The amount remains unpaid as on February, 2008 are to be waived and such waiver has been extended to the petitioner. It is then submitted that after the adjustments are made the amount demanded under the Revenue Recovery notice may not be justified and the amount will come to Rs.26,933/-. There is no dispute regarding this figure. WPC. 2609/2009. 2 Learned counsel for the petitioner submits that the petitioner may be permitted to pay off the said amount in instalments. Having regard to the facts, the petitioner is permitted to pay off the amount of Rs.26,933/- in five equal monthly instalments, the first of which shall be payable on or before 10.2.2009 and the further instalments are to be paid on or before the 10th of the succeeding months. If the petitioner does not pay any instalment as aforesaid, recovery proceedings can be taken for recovery of the said amount. Since only notices under Sections 7 and 34 of the Revenue Recovery Act have been issued, the petitioner need not pay collection charges. Otherwise the petitioner is liable to pay collection charges. (K.M. JOSEPH, JUDGE) sb