IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5568 of 2010(U)
1. SHINY NANDIKESWARAN, AGED 32 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, THRISSUR.
... Respondent
2. THE DEPUTY TAHSILDAR (RR),
3. THE VILLAGE OFFICER,
4. SYNDICATE BANK, KUNNAMKULAM,
For Petitioner :SRI.P.K.SAJEEV
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :29/03/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No.5568 of 2010-U
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Dated this the 29th day of March, 2010.
J U D G M E N T
The petitioner had availed a loan of Rs.75,000/- in the year
2001 to be repaid within five years, under the ‘PMRY Scheme’ for
starting a ‘workshop’ for her husband. Eventhough the petitioner
was regularly satisfying the due amounts earlier, because of some
unforeseen circumstances, further repayments could not be effected
on time, under which circumstances, the respondent Bank
proceeded with revenue recovery steps, which forms the subject
matter of challenge in this Writ Petition.
2. The learned counsel for the Bank submits on instructions
that the request made by the petitioner to permit her to clear the
outstanding liability by way of instalments at the rate of
Rs.10,000/- is abysmally on the lower side, though the learned
counsel submits that the petitioner could be permitted to clear the
liability in the shortest possible time.
3. The learned counsel for the petitioner submits that the
plight of the petitioner is very pathetic and that there is no other
W.P(C) No.5568 of 2010-U 2
property for the petitioner but for the 10 cents as described herein,
where she is living with her husband, two children, her mother-in-
law and also the brother of the husband, who is stated as paralysed.
Taking note of the entire facts and circumstances, this Court
permits the petitioner to clear the liability in a phased manner.
4. Accordingly, the petitioner is permitted to clear the
liability by way of ‘eight’ equal monthly instalments; the first of
which shall be effected on or before the 30th of April, 2010; to be
followed by similar instalments to be effected on or before the 30th
of the succeeding months. Subject to the above, all further coercive
proceedings pursuant to Ext. P2 shall be kept in abeyance. It is also
made clear that, if any default is committed by the petitioner in
satisfying the due amount as above, it will open to the Bank, to
proceed with appropriate steps for realisation of the entire amount
in a lump sum.
The Writ Petition is disposed of.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
//True Copy//
ab P.A to Judge
W.P(C) No.5568 of 2010-U 3