Sunilkumar.K.V vs The District Collector on 2 April, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7766 of 2008(Y)


1. SUNILKUMAR.K.V.
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR
                       ...       Respondent

2. THE TAHSILDAR,TALAPPILLY TALUK

3. SUNDARAM HOME FINANCIERS

4. AUTHORISED OFFICER

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :SRI.VARGHESE C.KURIAKOSE

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :02/04/2008

 O R D E R
                          ANTONY DOMINIC, J.

                         ===============
                      W.P.(C) NO. 7766 OF 2008 Y
                    ====================

                  Dated this the 2nd day of April, 2008

                              J U D G M E N T

In this writ petition, Securitisation proceedings have been initiated

against the petitioner and the only relief that is sought for by the counsel

for the petitioner is one for an instalment facility to pay the amount due

and discharge the liability.

2. I heard the counsel appearing for the respondents 3 and 4

also.

3. It is pointed out that proceedings have reached the stage of

taking possession of the property mortgaged by the petitioner. Having

regard to the limited nature of the relief that is now sought for, I feel a

reasonable opportunity should be given to the petitioner.

4. Accordingly, the writ petition is disposed of directing that the

petitioner will be permitted to pay the amount due to respondents 3 and 4,

in three equal monthly instalments, the first of which will be payable on

WPC 7766/08
:2 :

the 30th of April, 2008 and the subsequent instalments payable on the 30th

of May and June, 2008. It is clarified that in case of default, the

respondents will be free to continue the action that it has already initiated.

ANTONY DOMINIC,JUDGE.

Rp