IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16216 of 2010(B)
1. JAYAPRAKASH A.D
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.C.R.REKHESH SHARMA
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :26/05/2010
O R D E R
P.R. RAMACHANDRA MENON J.
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W.P. (C) No. 16216 of 2010
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Dated, this the 26th day of May, 2010
JUDGMENT
The petitioners are challenging the correctness and sustainability
of the recovery proceedings being pursued by the respondents,
particularly at the instance of the 4th respondent Bank, for realization of
the amount under two loan transactions availed by the petitioners
separately. The learned counsel for the petitioners submits that, the
loans availed were agricultural loans, and that because of some
adverse climatic changes and other circumstances, petitioners
sustained huge loss, who turned to be defaulters. This made the
respondents to proceed with the coercive steps under the Kerala
Revenue Recovery Act, without paying any heed to the explanation
offered from the part of the petitioners seeking for further time to clear
the liability.
2. Heard the learned standing counsel appearing for the 4th
respondent as well as the learned Government Pleader appearing for
the other respondents.
3. Considering the facts and circumstances as narrated in the
Writ Petition and taking note of the persuasive submissions made by
the petitioners, pointing out the fact that the petitioners belong to lowest
W.P. (C) No. 16216 of 2010
: 2 :
pedestal in the society, the petitioners are permitted to clear the
outstanding liability by way of ‘6’ equal monthly installments; the first of
which shall be paid on or before the 20th June, 2010; to be followed by
similar installments to be effected on or before the 20th of the
succeeding months. Subject to this, the coercive proceedings as per
Exts. P1 to P4 being pursued against petitioner under the Kerala
Revenue Recovery Act, shall be kept in abeyance for the time being. It
is made clear that, if the petitioners commit any default in effecting the
installments, as aforesaid, the respondents will be at liberty to proceed
with further steps for realization of the entire amount in lump sum.
The Writ Petition is disposed of accordingly.
P. R. RAMACHANDRA MENON, JUDGE
kmd