2025:KER:25564 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 9546 OF 2025 PETITIONER: CYRIAC THOMAS AGED 54 YEARS S/O. K.V. THOMAS, KUZHIMATTATHIL HOUSE, THADIKKADAVU P.O., VAYATTHUPARAMBA, KANNUR DISTRICT, PIN – 670 581. BY ADVS. AJU MATHEW RAGIN ROY ABIJITH C RESPONDENTS: 1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE ROAD, KANNUR, KANNUR DISTRICT, PIN – 670 002. 2 DEPUTY TAHSILDAR THALIPPARAMBA TALUK, TALUK OFFICE, KANNUR DISTRICT, PIN – 670 141. 3 KERALA STATE CO-OPERATIVE BANK KURUVANCHAL BRANCH, KURUVANCHAL P.O., KANNUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN – 670 571. BY ADV M.SASINDRAN SRI. V.K SUNIL – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25564 WP(C) NO.9546 OF 2025 2 JUDGMENT The loan availed by the petitioner from the 3rd respondent Bank fell in arrears on account of default in payment of installments and at the instance of the Bank, the 2nd respondent initiated revenue recovery proceedings. Ext.P1 is the demand notice issued under Section 7 and Ext.P1a is the notice prior to the attachment issued under Section 34, of the Kerala Revenue Recovery Act, 1968. Challenging Exts.P1 and P1a, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the 3rd respondent to permit him to pay the outstanding dues in equal monthly installments. 2. Sri.M.Sasindran, the learned Standing 2025:KER:25564 WP(C) NO.9546 OF 2025 3 Counsel for the Bank, submitted that, as on 13.03.2025, an amount of Rs.5,19,481/- is overdue in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in fifteen equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.5,19,481/- in fifteen equal monthly installments commencing from 02.05.2025 along with accrued interest and applicable charges. The installments as above shall be payable in addition to the regular 2025:KER:25564 WP(C) NO.9546 OF 2025 4 EMIs. If the petitioner defaults payment of any of the installments, it will be open to the Bank to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Exts.P1 and P1a shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:25564 WP(C) NO.9546 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE NOTICES DATED 18-02-2025 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. EXHIBIT P1a TRUE COPY OF THE NOTICES DATED 18-02-2025 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. RESPONDENT S EXHIBITS: - NIL.