High Court Kerala High Court

Alpha Paul C.P. vs Kerala State Housing Board on 24 March, 2010

Kerala High Court
Alpha Paul C.P. vs Kerala State Housing Board on 24 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9995 of 2010(Y)


1. ALPHA PAUL C.P., CHAZHOOR HOUSE,
                      ...  Petitioner

                        Vs



1. KERALA STATE HOUSING BOARD,
                       ...       Respondent

2. THE COLLECTOR/ AUTHORIZED OFFICER,

3. THE DIVISIONAL MANAGER, DIVISIONAL

                For Petitioner  :SRI.K.PRAVEEN KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :24/03/2010

 O R D E R
            P.R. RAMACHANDRA MENON, J.
           ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                 W.P.(C).No. 9995 of 2010
         ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
         Dated this the 24th day of March, 2010
         ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


                      J U D G M E N T

The petitioner had availed a ‘housing loan’ to an extent

of Rs.5 lakhs in the year 1999 from the respondent/Kerala

State Housing Board, but the repayment could not be

effected on time, under which circumstance, the Board

proceeded with further steps for realisation of the due

amount, under the RR Act, which forms the subject matter of

challenge in this Writ Petition.

2. Heard the learned Standing Counsel for the

respondent Board, as well as the learned Government

Pleader for the 2nd respondent.

3. The learned counsel for the petitioner submits that,

the petitioner is ready and willing to satisfy the entire

outstanding liability and that the relief prayed for in the

present Writ Petition is only to have the benefit of

W.P.(C).No. 9995 of 2010
2

installments, to wipe off the entire arrears in a phased

manner.

4. The learned Standing Counsel for the respondent

submits that, though this is the 3rd or 4th round of litigation

being pursued by the petitioner, the respondents are ready

and willing to give one more opportunity to the petitioner,

provided, a substantial portion of the liability is cleared

forthwith, so as to avail the benefit of installments.

5. In the above circumstances, this Court directs the

petitioner to deposit an amount of Rs.5 lakhs (Rupees five

lakhs only) on or before the 31st of March 2010 and the

balance amount shall be satisfied by way of ‘5’ equal

monthly installments, the first of which shall be effected on

or before the 30th of April 2010, to be followed by similar

installments, to be effected by the 30th of the succeeding

months. It is made clear that, if any default is made by the

petitioner, the respondents will be free to proceed with

W.P.(C).No. 9995 of 2010
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appropriate steps to the realisation of the entire amount in

a lump sum.

The writ petition is disposed of as above.

P.R. RAMACHANDRA MENON
JUDGE

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