2025:KER:28299 WP(C) No.13122 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2 ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13122 OF 2025 PETITIONERS: 1 LEELA AGED 66 YEARS D/O. KUTTAN, RAJESH BHAVAN, ILAVARAMKUZHI, VILAKKUPARA P.O., KOLLAM DISTRICT, PIN - 691312 2 ANANDAVALLI AGED 58 YEARS W/O. MANIYAN, VINOD MANDIRAM, ILAVARAMKUZHI, VILAKKUPARA P.O., KOLLAM DISTRICT, PIN - 691312 3 SUMATHI AGED 60 YEARS C/O. JANAKI, OLIKKAL, ILAVARAMKUZHI, VILAKKUPARA P.O., KOLLAM DISTRICT, PIN - 691312 4 RADHAMANI AGED 57 YEARS D/O. KUNJUKUTTY, PARAVILA VEEDU, ILAVARAMKUZHI, VILAKKUPARA P.O., KOLLAM DISTRICT, PIN - 691312 5 MANJU AGED 36 YEARS W/O. MANOJ, PARAVILA VEEDU, ILAVARAMKUZHI, VILAKKUPARA P.O., KOLLAM DISTRICT, PIN - 691312 BY ADVS. ABU MATHEW AJU MATHEW RAGIN ROY ABIJITH C. 2025:KER:28299 WP(C) No.13122 of 2025 2 RESPONDENTS: 1 THE DISTRICT COLLECTOR COLLECTORATE, 1ST FLOOR, DISTRICT COLLECTOR OFFICE, KOLLAM DISTRICT, PIN - 691013 2 DEPUTY TAHASILDAR FIRST FLOOR, MINI CIVIL STATION, KOLLAM- TENKASI ROAD, PANAMKUTTYMALA, PUNALUR, KOLLAM DISTRICT, PIN - 691305 3 CANARA BANK ANCHAL BRANCH, P.B. NO.19, THOMSON DRIVE IN SHOPPING CENTRE, COLLEGE JUNCTION, ALAYAMON P.O., ANCHAL, KOLLAM DISTRICT, REPRESENTED BY ITS MANAGER, PIN - 691306 BY SMT.SHEEJA C.S, SR. GOVT. PLEADER SRI.M.GOPIKRISHNAN NAMBIAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28299 WP(C) No.13122 of 2025 3 JUDGMENT The 1 st petitioner availed a loan from the 3 rd respondent Bank. Petitioners 2 to 5 are the guarantors. They defaulted payment of instalments and the 2 nd respondent initiated revenue recovery proceedings at the instance of the 3 rd respondent. Ext.P1 is the demand notice issued under Section 7 of the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’). Ext.P1(a) is the notice prior to attachment issued under Section 34 of the Act. The petitioners have filed this writ petition challenging Exts.P1 and P1(a). They have also sought for a direction to the 3 rd respondent Bank to permit them to pay the dues in equal monthly instalments. 2. Sri.M.Gopikrishnan Nambiar, the learned Standing Counsel for the 3 rd respondent Bank submits that as on 26.02.2025, an amount of Rs.3,55,749/- is outstanding in the loan account of the 1 st petitioner and the petitioners can be permitted to pay the said amount along with accrued interest and applicable charges, in reasonable instalments. 2025:KER:28299 WP(C) No.13122 of 2025 4 3. The learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 14 equal monthly instalments. 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.3,55,749/- in 14 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. 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 Exts.P1 and P1(a) shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:28299 WP(C) No.13122 of 2025 5 APPENDIX OF WP(C) 13122/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICES DATED 26-02-2025 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1 Exhibit P1a TRUE COPY OF THE NOTICES DATED 27-02-2025 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT IS PRODUCED HEREWITH AND MARKED AS P1A