IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2695 of 2010(J) ------------------------- PETITIONER: --------------- M.J.VINCENT, S/O.JOSEPH, MANKUTHEL HOUSE, AVOLY P.O., MUVATTUPUZHA. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: --------------- 1. DEPUTY TAHSILDAR (R.R), MUVATTUPUZHA TALUK, ERNAKULAM DT. 2. VILLAGE OFFICER, MUVATTUPUZHA VILLAGE, MUVATTUPUZHA TALUK. 3. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, MULLARINGAD BRANCH, VANNAPPURAM, MUVATTUPUZHA ERNAKULAM DT. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. R3 BY ADV. MR. SATHISH NINAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 2695 OF 2010 ......................................................................... Dated this the 28th January, 2010 J U D G M E N T The petitioner had availed a housing loan from the third respondent Bank, which however could not be repaid on time. In the said circumstance, the Bank proceeded with further steps, invoking the machinery under the Revenue Recovery Act, which in turn is sought to be intercepted in this Writ Petition. 2. Heard the learned Government Pleader, who entered appearance on behalf of the respondent Nos. 1 and 2 and also the learned Standing Counsel Adv. Mr. Sathish Ninan, who entered appearance for the respondent Bank. 3. The learned Counsel for the petitioner submits that the petitioner is ready and willing to clear the entire liability , if some breathing time is granted in this regard. The learned Counsel also referred to the specific averments in the Writ Petition as to the plight of the petitioner, seeking to provide for reasonable installments in this regard. W.P.(C) No. 2695 OF 2010 2 4. Considering the facts and circumstances, and the bonafide desire expressed from the part of the petitioner to wipe out the liability, the petitioner is permitted to clear the same by way of 5 equal monthly installments, the first of which shall be effected on or before 15.02.2010, to be followed by similar installments to be effected on or before the 15th of the succeeding months. Subject to the above, all further proceedings pursuant to Exts.P1 and P2 shall be kept in abeyance. It is made clear that if any default is committed in satisfying the liability as above, the respondent Bank will be at liberty to proceed with further steps for realization of entire amount in a lump sum, from the stage where it stands now. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk