High Court Kerala High Court

Jayaprakash A.D vs State Of Kerala on 26 May, 2010

Kerala High Court
Jayaprakash A.D vs State Of Kerala on 26 May, 2010
       

  

  

 
 
  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.
                     ~~~~~~~~~~~~~~~~~~~~~~~
                      W.P. (C) No. 16216 of 2010
                     ~~~~~~~~~~~~~~~~~~~~~~~
                 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