IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19665 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- K.K.VIJAYAN, AGED 54 YEARS, S/O.KUNJAN, KANJIRAMTHADATHIL HOUSE, N.R.CITY P.O., RAJAKKADU, UDUMBANCHOLA, RAJAKKADU, IDUKKI DISTRICT. BY ADVS. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR. SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI.K.V.REJANISH SMT.R.PRIYA RESPONDENT(S): --------------------- 1. THE DEPUTY COLLECTOR & CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, PIN 695501. 2. THE DEPUTY TAHSILDAR R.R.NO.II/ AUTHORIZED OFFICER, OFFICE OF THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, IDUKKI DIVISION, KATTAPPANA- 685508. 3. THE ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, IDUKKI DIVISION, KATTAPPANA-685508. BY ADV. SRI.A. JAYASANKAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 19665/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT WITH KSHBC. P2: COPY OF THE PAYMENT RECEIPTS. P3: COPY OF THE NOTICE OF SALE OF IMMOVABLE PROPERTY. P4: COPY OF THE COVER PAGE OF THE RATION CARD OF THE PETITIONER RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.19665 OF 2011 ---------------------------------------------- Dated this the 20th day of July, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the Kerala State Housing Board through respondents 1 and 2 for recovery of the loan amounts due from the petitioner to the Housing Board. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the Housing Board. 3. However, taking a lenient view, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the balance amount due in ten equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner W.P.(C)No.19665/11 2 pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE acd W.P.(C)No.19665/11 3