High Court Kerala High Court

Mr. Balakrishnan vs Chavakkad Taluk on 10 December, 2010

Kerala High Court
Mr. Balakrishnan vs Chavakkad Taluk on 10 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4851 of 2010(F)


1. MR. BALAKRISHNAN,
                      ...  Petitioner

                        Vs



1. CHAVAKKAD TALUK,
                       ...       Respondent

2. THE SECRETARY,

3. JOINT REGISTRAR,

                For Petitioner  :SRI.M.R.DHANIL

                For Respondent  :SRI.N.J.JOHNSON

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :10/12/2010

 O R D E R
                           C.T. RAVIKUMAR, J.
                    --------------------------------------------
                        W.P.(C). NO.4851 OF 2010
                    --------------------------------------------

                 Dated this the 10th day of December, 2010


                                 JUDGMENT

The petitioner along with his mother had availed a housing loan of

Rs.95,000/- from the first respondent-society. The default in repayment of

instalments towards the said loan account constrained the first respondent-

society to resort to arbitration proceedings. During the pendency of the

arbitration proceedings, petitioner’s mother passed away. Ultimately, for

the purpose of recovering the amount due towards the said loan account,

the first respondent-society issued demand notice to the petitioner. On

obtaining such demand notice, the petitioner has submitted Exts.P8 and P9

representations before the first respondent-society.

2. When this matter is taken up for consideration, the learned

counsel for the petitioner submitted that the petitioner would confine his

prayer to one for a direction to the second respondent to consider Ext.P9 in

terms of the relevant circular referred to thereunder. The learned standing

counsel for the second respondent submitted that the second respondent

would consider Ext.P9 in terms of circular referred thereunder. This is

W.P.(C) NO.4851/2010 2

recorded. Accordingly, there will be a direction to the second respondent

to consider the claim of the petitioner raised as per Ext.P9 representation

in the light of the circular referred thereunder. This shall be done

expeditiously, at any rate, within a period of one month from the date of

receipt of a copy of this judgment.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.4851/2010 3

C.T. RAVIKUMAR, J.

JUDGMENT

September, 2010