IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 21448 of 2011(E) ------------------------------------- PETITIONER(S): ----------------------- 1. RAMAKRISHNAN K.B., AGED 45 YEARS, SON OF BHASKARAN, KANNANKADAN HOUSE PADI P.O., KODALY, THRISSUR DISTRICT. 2. BHASKARAN, AGED 70 YEARS, SON OF RAMAN, KANNANKADAN HOUSE, PADI P.O., KODALY, THRISSUR DISTRICT. BY ADV. SRI.BOBY MATHEW SRI.E.T.MATHEW RESPONDENT(S): ----------------------- 1. DEPUTY TAHASILDAR (RR) MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 680 001. 2. VILLAGE OFFICER, VELLIKULANGARA VILLAGE MUKUNDAPURAM TALUK, THRISSUR DISTRICT- 680 001. 3. SYNDICATE BANK, MATTATHUR BRANCH THRISSUR DISTRICT; REPRESENTED BY ITS BRANCH MANAGER. 680 001. R1 & R2 BY GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.21448/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE IST RESPONDENT (FORM 1-SECTION 7 NOTICE) DTD. 18.1.2011 BEARING COLLECTORATE FILE NO.2010/61265/8 AND TALUK (7) FILE NO.2011/482/8/300. P2:- COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE IST RESPONDENT (FORM 10-SECTION 34 NOTICE) DTD. 18.1.2011 BEARING COLLECTORATE FILE NO.2010/61265/8 AND TALUK (D7) FILE NO.2011/482/8/300. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 21448 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th day of August, 2011. J U D G M E N T The petitioners are challenging revenue recovery proceedings initiated by the 3rd respondent through respondents 1 and 2 for recovery of loan amounts defaulted by the petitioners. The petitioners do not dispute the liability to pay or the quantum. They only seek facility to pay off the amounts in instalments. This is stoutly opposed by the counsel for the bank. He points out that the petitioners are chronic defaulters and although the loan was taken in March, 2008, the petitioners have paid only 5 instalments so far. 2. Having heard both sides, I dispose of this writ petition with the following directions: The petitioners shall pay an amount of Rs. 75,000/- within one month from today. The balance amount due shall be paid in 10 equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the amount of Rs. 75,000/- within one month and the instalment amounts on due dates without default, coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in in payment of any one instalment, it would be open to the respondents to continue recovery proceedings without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/