IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 36926 of 2009(I) -------------------------- PETITIONERS: --------------- 1. A.N. SASEENDRAN, S/O. NARAYANAN NAIR, AMBALAKKUNNUMMEL HOUSE, THAMARASSERY.P.O, RAROTH AMSOM,VEZHPPUR DESOM,KOZHIKODE TALUK. 2. P. RAJAN, S/O. RAMAN NAIR, PUDUKUTTY HOUSE, THAMARASSERY.P.O, RAROTH AMSOM,VEZHPPUR DESOM,KOZHIKODE TALUK. 3. C.T. SREENIVASAN, S/O. KANNAN KUTTY CHETTIYAR, CHETTIARKANDY HOUSE, THAMARASSERY.P.O, RAROTH AMSOM,VEZHPPUR DESOM,KOZHIKODE TALUK. 4. A.N. PREMARAJAN, S/O. NARAYANAN NAIR, AMBALAKUNNUMMEL HOUSE, THAMARASSERY.P.O, RAROTH AMSOM,VEZHPPUR DESOM,KOZHIKODE TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: --------------- 1. AUTHORISED OFFICER (CHIEF MANAGER), SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE KOZHIKODE, P.B. NO. 933, CHAKKORATHUKULAM, WEST HILL.P.O, KOZHIKODE - 673 005. 2. SOUTH INDIAN BANK LIMITED, POONOOR BRANCH, R.P. AHEMMAD KUTTY BUILDINGS, UNNIKULAM.P.O, KOZHIKODE. ADV. SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BAN FOR R1,2 SRI.P.R.MILTON FOR R1,2 SRI.K.J.CHACKOCHAN FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 36926 of 2009-I ------------------------------ Dated this the 30th day of January, 2010. J U D G M E N T The petitioner is challenging the coercive steps taken by the respondent bank invoking the machinery under the Kerala Revenue Recovery Act. 2. When the Writ Petition came up for consideration before this Court on 21.12.2009, the steps taken by the bank were intercepted, on condition that the petitioner remitted a sum of Rs.1.5 lakhs on or before 11.1.2010 and a further sum of Rs.1 lakh on or before 25.1.2010. The learned counsel for the respondent bank submits that the condition has been satisfied by the petitioner. 3. The learned counsel for the petitioner submits that the only relief prayed for in this Writ Petition is confined to enable the petitioner to wipe off the entire liability by paying the balance amount on or before 31st of March 2010. 4. Considering the limited nature of relief prayed for, expressing the willingness to clear the entire outstanding liability and also taking note of the bonafides on the part of the petitioner W.P(C) No. 36926 of 2009-I 2 satisfying the condition imposed on time, this Court permits the petitioner to clear the entire liability by way of 'two' equal monthly instalments; the first of which shall be effected on or before 25.2.2010 and the next one on or before 31.3.2010. Subject to the above, all the coercive steps stated as being taken against the petitioner shall be kept in abeyance. It is also made clear that, if any default is made by the petitioner, the respondent bank will be at liberty to proceed with further steps, for realisation of the entire amount in a lump sum, from the stage where it stands now. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No. 36926 of 2009-I 3