2025:KER:27377 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12402 OF 2025 PETITIONERS: 1 ISMAIL T.K AGED 36 YEARS S/O KUNHABDULLA T.K HOUSE, KOLAVAYAL,KANHANGAD, PIN – 671 531. 2 HAREES T.M AGED 48 YEARS S/O MUHAMMED K AJANOOR BEACH, AJANUR, KANHANGAD, PIN – 671 513. BY ADVS. RESHMA E. ATHEENA ANTONY ANJITHA SANTHOSH RESPONDENTS: 1 THE AUTHORIZED OFFICER CANARA BANK (ERSTWHILE SYNDICATE BANK), KANGHANGAD, PIN – 670 315. 2 THE CANARA BANK (ERSTWHILE SYNDICATE BANK) KANGHANGAD.KASARGOD DISTRICT ,REPRESENTED BY ITS AUTHORISED OFFICER, PIN – 670 315. 3 THE VILLAGE FIELD ASSISTANT AJANOOR VILLAGE, HOSDURG TALUK, KASRGOD DISTRICT, PIN – 671 531. BY ADVS. M. GOPIKRISHNAN NAMBIAR SHEEJA C.S, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12402 OF 2025 : 2 : 2025:KER:27377 JUDGMENT The 1st petitioner had availed a loan from the 2nd respondent Bank. The 2nd petitioner stood as surety. On default of payment of instalments and at the instance of the Bank, the 3rd respondent initiated revenue recovery proceedings under the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’). Ext.P2 is the demand notice issued by the 1st respondent under Section 7 of the Act. Challenging Ext.P2, the petitioners have filed this writ petition. The petitioners have also sought for a direction to the respondents to permit them to repay the loan amount in 20 equal monthly instalments. 2. Heard Adv. Reshma E, the learned Counsel WP(C) NO.12402 OF 2025 : 3 : 2025:KER:27377 for the petitioners, Adv. Gopikrishnan Nambiar, the learned Standing Counsel for the Bank and the learned Government Pleader. 3. When this writ petition is taken up for consideration, the learned Counsel for the Bank submitted that, as on today (27.03.2025), an amount of Rs.6,84,319.85 is outstanding in the loan account and the petitioners can be permitted to pay the said amount in reasonable instalments. 4. Adv. Reshma E, the learned Counsel for the petitioners submits that the petitioners are in financial constraints and they may be permitted to pay the outstanding amount in 15 equal monthly instalments. 5. In the facts and circumstances of the case, WP(C) NO.12402 OF 2025 : 4 : 2025:KER:27377 this writ petition is disposed of with the following directions:- a) The petitioners shall pay the outstanding amount of Rs.6,84,319.85 along with accrued interest and applicable charges in 15 equal monthly instalments commencing from 02.05.2025. b) If the petitioners default payment of any of the instalments, it will be open to the Bank to proceed against them in accordance with law. c) To enable the petitioners to pay the amount in instalments as aforesaid, WP(C) NO.12402 OF 2025 : 5 : 2025:KER:27377 all coercive proceedings against the petitioners shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.12402 OF 2025 : 6 : 2025:KER:27377 APPENDIX OF WP(C) 12402/2025 PETITIONERS’ EXHIBITS EXHIBIT P1 TRUE COPY OF TAX RECEIPT DATED 14.03.2025 WITH RESPECT THE MORTGAGED PROPERTY OF THE 2ND PETITIONER ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 05.01.2022 ISSUED BY THE 1ST RESPONDENT BANK. EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 20.03.2025 SUBMITTED BY THE PETITIONERS. EXHIBIT P3(a) THE TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED 21.03.2025. EXHIBIT P4 THE TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNT ISSUED BY THE RESPONDENT BANK DATED 20.03.2025.