IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27457 of 2008(R)
1. HAMEEDKUTTY NISSM, KUTTIYIL VILA
... Petitioner
Vs
1. STATE BANK OF TRAVANCORE,
... Respondent
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent :SRI.M.PATHROSE MATTHAI (SR.)
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :18/09/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.27457 OF 2008
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Dated this the 18th day of September, 2008
JUDGMENT
The petitioner availed a housing loan of Rs.7.5 lakhs. That
was released to him on 7.1.2006. The monthly repayment was to
be at the rate of about Rs.8,000/- to Rs.8,500/-. He paid just five
instalments and thereafter defaulted repayment. The Bank
initiated action under the SARFAESI Act. Those proceedings
were not challenged before the Debt Recovery Tribunal under
the relevant provision. All that the petitioner did was to file a
writ petition challenging the jurisdiction of the Chief Judicial
Magistrate, when a bunch of matters raising that question was
before the Division Bench. I have perused the paper book of that
writ petition No.16691/08. Even at that point of time, no other
grounds were raised, except on the question of jurisdiction of the
Chief Judicial Magistrate. That writ petition found its waterloo
along with the bunch matters. Thereafter, the petitioner filed
this writ petition stating that he is prepared to pay the entire
amounts in instalments and that the dispossession would result
WPC.27457/08
Page numbers
in the family being deprived of residence and hence, it would
amount to violation of human rights.
2. Learned counsel for the Bank, on instructions, states that
the construction of the building was not even completed and
apparently, the funds were diverted and misused for purposes
other than for which the amount was extended. The rate of
interest applicable on the housing loan appears to be around
11% and commercial loan would carry a higher rate of interest.
It is also stated that after the Commissioner deputed from the
Magistrate’s court visited the premises, the petitioner has
undertaken to pay an amount of Rupees Five Lakhs on or before
20.9.2008 and the remaining amounts within a short period.
Learned counsel for the Bank also submitted that the petitioner
and his father are employed abroad and there is no reason to
have any compassionate approach in the case in hand. The
impugned action is in accordance with law and cannot be faulted
on any jurisdictional ground or legal infirmity. The same
therefore stands.
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Hence, it is directed that if the petitioner remits an amount
of Rupees Five Lakhs on or before 20.9.2008, the Bank will give
him 45 days’ time to pay off the remaining amounts. The writ
petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.
// True copy //
P.A.to Judge.