IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 28757 of 2010(T) -------------------------- PETITIONER(S): --------------- SIVADASAN, S/O.KUTTAPPAN, IDAVANAPARAMBIL HOUSE, THEKKUMKARA VILLAGE, KONATHUKUNNU DESOM, MUKUNDAPURAM TALUK, THRISSUR DT. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, TRICHUR PIN - 680001. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT PIN - 691 585. 3. VILLAGE OFFICER, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN - 691 585. 4. THE MANAGER, CANARA BANK, KONATHUKUNNU BRANCH, IRINJALAKUDA, TRISSUR DISTRICT. PIN - 680 121. BY GOVT.PLEADER SRI.C.K.GOVINDAN ADV. SRI.P.GOPINATH MENON SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------- W.P(C) No. 28757 of 2010-T ---------------------------- Dated this the 5th day of October, 2010. J U D G M E N T A personal loan was availed by the petitioner from the fourth respondent Bank to the tune of Rs.5,00,000/-, during the year 2005. Consequent to default committed in regular repayments, revenue recovery steps were initiated pursuant to notice issued under Section 7 and 13(4) of the Kerala Revenue Recovery Act, at the behest of the fourth respondent. Movables belonging to the petitioner was attached pursuant to the revenue recovery steps. According to the petitioner, various amounts paid were not given credit, and the amount now sought to be recovered is highly excessive. It is the further case of the petitioner that he has approached the fourth respondent Bank seeking settlement of the loan account by allowing waiver of interest and penal interest to the possible extent. But the said representation has not been considered and coercive steps of recovery is now being pursued. The movables attached were put to auction as per Ext.P4 notice. At that stage this writ petition is filed. W.P(C) No. 28757 of 2010-T 2 2. By virtue of an interim order issued by this Court on 17.9.2010, sale of the movables was deferred on condition of the petitioner remitting a sum of Rs.50,000/-. It is conceded that the amount was already remitted. 3. In a statement filed on behalf of the fourth respondent, it is mentioned that repayment in the loan account was highly irregular. A statement of account was produced which showed net balance of Rs.5,50,436/-. 4. Eventhough various contentions are raised against the recovery steps, I am of the considered opinion that those disputes could not be adjudicated in a writ petition. The provisions contained in the Kerala Revenue Recovery Act provides remedy to the petitioner for raising such disputes before the appropriate authority. However, Sri.V.S.Chandrasekharan, learned counsel for the petitioner appealed to this Court for indulgence in permitting the petitioner to pay off the entire liability in easy instalments and also prayed for a direction to the Bank to consider waiver of interest/penal interest and other expenses to the possible extent. 5. Having considered the facts and circumstances, I am of the opinion that the petitioner can be permitted to pay off the entire W.P(C) No. 28757 of 2010-T 3 liability in instalments within a reasonable time. Accordingly, the respondents are restrained from proceeding with any further steps of recovery pursuant to notices already issued as per Exts.P2 to P4, provided the petitioner remits the entire balance along with future interest in 8 (eight) equal monthly instalments falling due on or before 30.11.2010 and on or before the last day of succeeding months. 6. Respondents 2 and 3 are further directed to release the attachment with respect to movables on the petitioner effecting payment of two monthly instalments as directed above. Needless to say that, sale of the movables shall be kept in abeyance till such time. 7. It is made clear that the petitioner can approach the fourth respondent Bank seeking waiver of interest/penal interest and other expenses to the possible extent and if any decision is taken in this regard, the petitioner shall be intimated about the same at the earliest possible. 8. It is further made clear that on the event of default in payment of any of the instalments, the respondents will be free to proceed with further steps. It is also made clear that the above W.P(C) No. 28757 of 2010-T 4 relief is granted subject to the condition that the petitioner is precluded from raising any subsequent challenge against such proceedings, either before this Court or before any other forum. The Writ Petition is disposed of with the above directions. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab