Jose Thomas vs State Of Kerala on 27 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20295 of 2005(N)


1. JOSE THOMAS, AGED 30 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, SECRETARY,
                       ...       Respondent

2. THE G.I.C. HOUSING FINANCE LTD.,

3. THE DEPUTY TAHSILDAR,

                For Petitioner  :SRI.M.B.PRAJITH

                For Respondent  :SRI.V.M.KUTTY MOOSA

The Hon'ble MR. Justice P.R.RAMAN

 Dated :27/05/2008

 O R D E R
                                       P.R. RAMAN, J.
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                                W.P.(C) NO. 20295 of 2005
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                    DATED THIS, THE 27TH DAY OF MAY, 2008

                                       J U D G M E N T

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Petitioner has approached this Court, challenging the revenue recovery

proceedings initiated by the third respondent Deputy Tahsildar, for realisation of the

amount as per the certificate issued by the second respondent GIC Housing Finance

Ltd., from whom he availed a housing loan.

2. An amount of Rs. 9,50,000/- was availed by by the petitioner, by way of loan

in September, 2003. Admittedly, petitioner constructed a building availing such loan

and he was not punctual in the matter of repayment of the same in terms as agreed upon.

According to the petitioner, failure of agricultural crops and declining of business

activities led to such a state of affairs.

3. This writ petition was filed as early as in 2005 and it is averred in para 3 of the

writ petition that the petitioner has revived his business and he is able to repay the

amount in instalments. But according to the respondent, even the interim direction

issued by this Court, while granting the stay is not complied with by the petitioner. As

such there is no bona fide in the contention raised in the writ petition.

WP(C) 20295/2005 2

4. The second respondent has filed a counter affidavit producing

materials to show that petitioner is a chronic defaulter in repayment of the

loan availed by him and still balance is due from him. In such

circumstances, it is for the petitioner to substantiate by producing necessary

materials before this Court, disputing the averments made in the counter

affidavit. No materials is, however, produced by him enabling this Court to

see whether the amount so demanded is not legally due from the petitioner.

In such circumstances, leaving open the right of the petitioner, if

any, to approach the civil court, this writ petition is dismissed.

P.R. RAMAN,
JUDGE.

knc/-