2025:KER:25580 WP(C) No.10326 of 2025 1 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. 10326 OF 2025 PETITIONER: HABEEB K.M AGED 70 YEARS S/O MAMMU ,SHASIYA MANZIL ,ELAMAKKARA ,ERNAKULAM, PIN - 682026 BY ADVS. M.R.REENA P.S.SUJETH RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIATE ,THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR OF ERNAKULAM,CIVIL STATION ,KAKKANAD ,ERNAKULAM., PIN - 682030 3 THE DEPUTY TAHASILDAR ( RR ) KANAYANNUR TALUK ,ERNAKULAM,ERNAKULAM DT., PIN - 682011 4 THE VILLAGE OFFICER EDAPPILLY SOUTH VILLAGE ,VILLAGE OFFICE ROAD ,VENNALA ERNAKULAM, PIN - 682028 2025:KER:25580 WP(C) No.10326 of 2025 2 5 THE KERALA BANK ERNAKULAM MARKET ROAD BRANCH , ERNAKULAM DT REP BY ITS AUTHORIZED OFFICER ,P.B.NO3759,CHITTOOR ROAD, PULLEPADY JN ,ERNAKULAM ., PIN - 682035 BY SMT.SHEEJA C.S., SR.GOVT. PLEADER SMT.K.AMMINIKUTTY, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25580 WP(C) No.10326 of 2025 3 JUDGMENT The loan availed by the petitioner from the 5th respondent Bank fell in arrears. The Bank initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’). Ext.P2 is the demand notice issued under Section 7 of the Act. Challenging Ext.P2, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the Bank to permit him to pay the outstanding amount in instalments. 2. Sri.K.S Arunkumar, the learned Standing Counsel for the 5th respondent Bank, on instructions, submits that an amount of Rs.1,96,930/- is outstanding in the loan account of the petitioner as on 13.03.2025 and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 12 equal monthly instalments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount 2025:KER:25580 WP(C) No.10326 of 2025 4 of Rs.1,96,930/- in 12 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the instalments, 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 instalments as above, all coercive proceedings against him pursuant to Ext.P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:25580 WP(C) No.10326 of 2025 5 APPENDIX OF WP(C) 10326/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE TO THE RR PROCEEDINGS IN FORM NO.24 DATED 01-03-2025 Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE IN RR PROCEEDINGS IN FORM NO.1 DATED 10-03-2025 ISSUED TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE OBJECTION / REPRESENTATION GIVEN TO R2,R3 &R5 DATED 11-03-2025