High Court Kerala High Court

Davy Louise vs The Kerala State Housing Board on 19 August, 2009

Kerala High Court
Davy Louise vs The Kerala State Housing Board on 19 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13066 of 2009(C)


1. DAVY LOUISE S/O. LOUISE, AGED 44 YEARS,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE HOUSING BOARD,
                       ...       Respondent

2. THE TAHSILDAR (R.R.),

3. THE VILLAGE OFFICER,

4. THE ACCOUNTS OFFICER,

                For Petitioner  :SRI.BIJU ABRAHAM

                For Respondent  :SRI.A.JAYASANKAR, SC KSHB, TVM

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :19/08/2009

 O R D E R
                             S. Siri Jagan, J.
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                      W. P (C) No. 13066 of 2009
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                  Dated this, the 19th August, 2009.

                            J U D G M E N T

The petitioner is challenging revenue recovery proceedings for

recovery of balance loan amounts outstanding from the petitioner.

Although there was a dispute regarding the actual amount due, now

the 1st respondent has offered the facility of one time settlement to the

petitioner by offering that if the petitioner pays an amount of

Rs. 2,58,341/- on or before 31-8-2009, the 1st respondent would close

the loan account. This is acceptable to the petitioner also. The

learned counsel for the Housing Board points out that the petitioner

had been given several opportunities to close the account by one time

settlement, which he has not availed of. Taking into account the facts

and circumstances of the case, the writ petition is disposed of with the

following directions:

If the petitioner pays an amount of Rs. 2,58,341/- on or before

31-8-2009, the respondents would close the loan account and

withdraw the revenue recovery proceedings. On payment,

appropriate release deed shall also be executed in respect of the

security documents. However, it is made clear that the petitioner will

not be given any further opportunity and if the petitioner does not pay

the amount as directed above, it would be open to the respondents to

continue the proceedings as now initiated for recovery of the full

amount without having to issue any further notice or proceedings in

that regard.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.