IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26535 of 2011(N) ----------------------------------- PETITIONER: ------------------ SHAJAHAN A, S/O.HASSAN SHAH RAWTHER AGED 48 YEARS, RESIDING AT ARAFAYIL CHERAVALLY MURI, PULLIKANAKKU PO, KRISHNAPURAM VILLAGE, KARTHIKAPALLY TALUK ALAPPUZHA. BY ADVS. SRI.A.K.ABDUL AZEEZ SRI.RENJIT GEORGE RESPONDENTS: ---------------------- 1. TAHSILDAR (RR), KARTHIKAPALLY TALUK KAYAMKULAM, ALAPPUZHA DISTRICT 690 502. 2. STATE BANK OF TRAVANCORE KAYAMKULAM BRANCH, ALAPPUZHA DISTRICT 690 502 REPRESENTED BY ITS CHIEF MANAGER. R1- BY GOVERNMENT PLEADER SRI. JAMES MATHEW. R2- BY ADV. SRI. SATHISH NINAN, SC, SBT. SRI. SANTHOSH MATHEW. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. WP(C).No. 26535 of 2011(N). APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE NOTICE DATED 24.9.2009. P2: TRUE COPY OF THE INTIMATION DATED 23.3.2010. P3: TRUE COPY OF THE NOTICE U/S 13(2) OF SARFESI ACT DATED 10.9.2010. P4: TRUE COPY OF THE NOTICE DATED 5.1.2011 RECEIVED ON 8.8.2011. P5: TRUE COPY OF THE REQUEST DATED 5.9.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE. SCL. S.SIRI JAGAN, J. ================== W.P.(C).No. 26535 of 2011 ================== Dated this the 10th day of October, 2011 J U D G M E N T The petitioner challenges revenue recovery proceedings initiated by the respondents for recovery of loan amounts defaulted by the petitioner. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned Government Pleader and the learned counsel for the bank. 3. However, taking a lenient view, I dispose of this writ petition with the following directions; The petitioner shall pay the balance amounts due in eight 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 instalments on the due dates without default, coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2