2025:KER:26894 WP(C) No.9858 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27 TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 9858 OF 2025 PETITIONERS: 1 SANTHOSH.T.J AGED 55 YEARS S/O.JANARDHANAN, THEKKUMALA PUTHENVEEDU,PAYYANAMON.P.O,KONNI, PATHANAMTHITTA DISTRICT, PIN - 689692 2 RENJI AGED 40 YEARS W/O.SANTHOSH.T.J,THEKKUMALA PUTHENVEEDU, PAYYANAMON.P.O, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689692 BY ADV SMT.K.SEENA RESPONDENTS: 1 KERALA BANK ERSTWHILE KERALA STATE CO OPERATIVE BANK KONNI BRANCH REPRESENTED BY ITS GENERAL MANAGER, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689691 2 THE DISTRICT COLLECTOR/AUTHORISED OFFICER PATHANAMTHITTA DISTRICT, KONNI TALUK, PATHANAMTHITTA, PIN - 689691 3 THE VILLAGE OFFICER KONNITHAZHAM VILLAGE,KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689691 BY ADV SMT.K.AMMINIKUTTY, SC. SRI.V.K. SUNIL, SR.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26894 WP(C) No.9858 of 2025 2 JUDGMENT The 1 st petitioner availed two loans from the 1 st respondent Bank. A housing loan was availed by the 1 st petitioner and the total amount outstanding in that account is Rs.2,50,464/-. Later a mortgage loan was availed by the 1 st petitioner and the overdue amount in that account is Rs.1,66,894/-. The 2 nd petitioner, who is the wife of the 1 st petitioner, is the co-obligant. Since the loan fell in arrears, the Bank initiated revenue recovery proceedings. Exts.P3 and P4 are the notices issued by the Bank under the Kerala Revenue Recovery Act, 1968. Challenging the same, the petitioners have filed this writ petition. 2. When the writ petition came up for consideration today, Smt.K.Amminikutty, the learned Standing Counsel for the Bank submits that the petitioners can be permitted to pay the outstanding amount of Rs.2,50,464/- in the housing loan account in 18 instalments. The learned counsel for the petitioners agrees to the said suggestion. 2025:KER:26894 WP(C) No.9858 of 2025 3 3. Learned Standing Counsel also submits that the amount of Rs.1,66,894/- which is overdue in the mortgage loan account can be permitted to be paid in 12 equal monthly instalments along with regular EMIs. The learned counsel for the petitioners agrees to the said suggestion also. 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.2,50,464/- in respect of the housing loan account in 18 equal monthly instalments commencing from 28.04.2025, along with accrued interest and applicable charges. The petitioners shall pay the overdue amount of Rs.1,66,894/- in the mortgage loan account in 12 equal monthly instalments commencing from 28.04.2025, along with accrued interest and applicable charges. The petitioners shall also pay the regular EMIs. If the petitioners default payment of any of the instalments, it will be open to the Bank to proceed against them for recovery of the amount, in accordance with law. To enable the petitioners to repay the amount in instalments as above, all coercive proceedings against them pursuant to 2025:KER:26894 WP(C) No.9858 of 2025 4 Exts.P3 and P4 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:26894 WP(C) No.9858 of 2025 5 APPENDIX OF WP(C) 9858/2025 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE RADIOLOGY REPORT DATED 13.12.2018, ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE PONEKKARA Exhibit P2 THE COPY OF DMSA RENAL SCINTIGRAPHY REPORT DATED 13.09.2023 ISSUED FROM BHARATH NUCLEAR MEDICINE KOTTAYAM Exhibit P3 THE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 29.11.2024 Exhibit P4 THE COPY OF THE NOTICE DATED 28.11.2024