IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 23810 of 2010(A) ---------------------------------------- PETITIONER(S): ------------------------- MUHAMMED HANEEFA, S/O.ABDUL KHADER KUNHI, AGED 46 YEARS, RESIDING AT 'KALLELI HOUSE', CHERAVALLI MURI, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADVS. SRI.A.K.ABDUL AZEEZ, SRI.RENJIT GEORGE. RESPONDENT(S): -------------------------- 1. DEPUTY TAHSILDAR (REVENUE RECOVERY) HARIPPAD. 2. VILLAGE OFFICER, KARTHIKAPALLI TALUK, KAYAMKULAM, ALAPPUZHA. 3. CANARA BANK, KAYAMKULAM BRANCH, ALAPPUZHA REPRESENTED BY ITS BRANCH MANAGER. R1 & R2 BY GOVERNMENT PLEADER SRI. SHAMSUDDIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J. --------------------------- W.P.(C) No. 23810 OF 2010 -------------------------- Dated this the 30th day of July, 2010 J U D G M E N T The petitioner is stated as aggrieved by Ext.P1 Revenue Recovery notice seeking to realise a total sum of Rs.1,97,589/- with further interest and collection charges. Case of the petitioner is that the petitioner, after availing loan from the respondent-bank in the year 2006, agreed to pay the due amount by way of daily payment scheme at the rate of Rs.200/- per day. However, because of some unforeseen circumstances, the petitioner could not discharge the liability in toto, which made the third respondent bank to proceed with further steps, leading to Ext.P1; which in turn is under challenge in this writ petition. 2. Learned counsel for the petitioner submits that the petitioner is not in a position to clear the entire liability in a lump and the prayer is only to permit the petitioner to clear the liability in a phased manner; assuring that the entire liability will be cleared by way of four or five equal monthly instalments. 4. After hearing both sides, the petitioner is permitted to clear the liability by way of 'five' equal monthly instalments; the first of which shall be effected on or before 20th August, 2010, to be WPC No.23810/2010 2 followed by similar instalments to be effected on or before the 20th of the succeeding months. Subject to this, revenue recovery proceedings shall be kept in abeyance for the time being. It is made clear that, if any default is committed by the petitioner in clearing the outstanding amount as above, the respondents will be free to proceed with further steps for realisation of the entire amount in a lump sum. The writ petition is disposed of accordingly. P.R.RAMACHANDRA MENON (JUDGE) vps WPC No.23810/2010 3 WPC No.23810/2010 4 WPC No.23810/2010 5 WPC No.23810/2010 6 WPC No.23810/2010 7