High Court Kerala High Court

V.Ramachandran vs The Kerala State Housing Board on 19 August, 2008

Kerala High Court
V.Ramachandran vs The Kerala State Housing Board on 19 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1726 of 2008()



1. V.RAMACHANDRAN
                      ...  Petitioner

                        Vs

1. THE KERALA STATE HOUSING BOARD
                       ...       Respondent

                For Petitioner  :SRI.M.C.JOHN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :19/08/2008

 O R D E R
                H.L.DATTU, C.J. & A.K.BASHEER, J.
               -----------------------------------------------------
                           W.A.No.1726 of 2008
                   ----------------------------------------------
                 Dated, this the 19th day of August, 2008

                                 JUDGMENT

A.K.Basheer, J.

The appellant had challenged Ext.P8 order passed by

respondent No.1- Kerala State Housing Board, before the learned Single

Judge, contending inter alia that the benefits available under the relevant

Housing Loan Scheme had not been extended to him.

2. The learned Single Judge repelled the said contention

and held that in so far as the appellant had expressly agreed to the terms

applicable to the HIG Scheme, he cannot now turn round and say that he

is not liable to be governed by the terms and conditions under the said

Scheme.

3. In an earlier round of litigation this Court had directed

the Board to consider the grievance of the appellant after affording him

another opportunity to be heard. It was pursuant to the above direction,

Ext.P8 order was passed by respondent No.1.

4. We have carefully perused Ext.P8 order. Respondent

No.1 had referred to the relevant clauses in the Scheme in question, and

W.A.No.1726/2008 -2-

found that the contentions now raised by the appellant are totally

untenable. It was also noticed by respondent No.1 that the Housing

Board had extended all the benefits available to all the loanees including

the appellant as and when the rate of interest had been reduced by the

Board. Admittedly the appellant had availed of the loan under the High

Income Group (HIG) Scheme in 1995 undertaking to repay the same as

per the terms and conditions stipulated in the agreement. It is also

beyond controversy that the appellant had been offered substantial

reduction under the One Time Settlement Scheme.

5. The scope of interference of this Court under Article

226 of the Constitution is very narrow and limited especially when it

comes to an agreement between a Statutory Corporation and a debtor. In

U.P.Financial Corporation Vs. M/s.Gem Cap (India) Pvt. Ltd and Others

(AIR 1993 SC 1435) their Lordships have held thus:

“In a matter between the Corporation and its debtor, a
writ court has no say except in two situations: (1)
there is a statutory violation on the part of the
Corporation, or (2) where the Corporation acts unfairly
i.e., unreasonably. Acting unfairly or unreasonably
does not mean that the High Court exercising its
jurisdiction under Art.226 of the Constitution can sit as
an Appellate Authority over the acts and deeds of the
corporation and seek to correct them. That is not the
function of the High Court under Article 226. Doctrine
of fairness, evolved in administrative law was not
supposed to convert the writ courts into appellate
authorities over administrative authorities. The
constraints — self-imposed undoubtedly — of writ

W.A.No.1726/2008 -3-

jurisdiction still remain. Ignoring them would lead to
confusion and uncertainty. The jurisdiction may
become rudderless.”

6. In our view, the dictum laid down by their Lordships in

the decision cited supra would apply to the facts and circumstances of

this case. As the appellant who is working as an Assistant Engineer in

the Devaswom Board had agreed to the terms and conditions of the

agreement with his eyes wide open, he cannot now turn round and say

that he had been misled by the Housing Board at the time when he

entered into the loan agreement.

7. We do not find any material irregularity or illegality in

the view taken by the learned Single Judge. Therefore, while confirming

the orders passed by the learned Judge, we dismiss the writ appeal.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

MS