IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21336 of 2008(M)
1. P. HAYADAS, S/O.T.P. PATHROSE(AGED 59),
... Petitioner
Vs
1. DEPUTY COLLECTOR (& CHIEF REVENUE
... Respondent
2. THE BRANCH MANAGER, KERALA STATE
3. THE DEPUTY TAHSILDAR (RR),
For Petitioner :SRI.ABRAHAM MATHEW (VETTOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/07/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 21336 OF 2008 M
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Dated this the 22nd day of July, 2008
J U D G M E N T
Petitioner, who had availed of a house repair loan from the Kerala
State Housing Board, is facing recovery proceedings following the
agreement violation that was committed. In this writ petition, the prayer
made is confined to one for an instalment facility to discharge the liability.
2. From the statement that is filed by the respondents, it is seen
that the total liability of the petitioner is to the tune of Rs.2,62,073 as on
31/5/2007. Learned counsel contends that in view of their precarious
financial conditions, instalment sought for by the petitioner cannot be
granted.
3. However, having regard to the fact that the petitioner is
desirous of discharging the liability and to save the mortgaged property
from a distress sale, I am inclined to grant an instalment facility to enable
them to pay the dues of the respondent.
4. Accordingly, the writ petition is disposed of directing that the
petitioner shall be permitted to pay the amount that is due to the 2nd
respondent in 4 equal monthly instalments. The first instalment will be
WPC 21336/08
:2 :
paid directly to the Kerala State Housing Board on or before 15th of August,
2008 and the subsequent instalments before 15th of every succeeding
month. It is clarified that in case the petitioner commits default in paying
the amount as above, the respondents will be free to continue the
proceedings that they have initiated without further notice to the
petitioner.
ANTONY DOMINIC, JUDGE
Rp