IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 12181 of 2009(P) -------------------------- PETITIONER(S): --------------- K.JANARDHANA KURUP, S/O.KRISHNAN NAIR, AYYAPPA BHAVAN, EREZHA SOUTH, CHETTIKULANGARA P.O. MAVELIKKARA. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE KERALA STATE HOUSING BOARD, KARUNAGAPPALLY BRANCH, REPRESENTED BY ITS SECRETARY, KARUNAGAPPALLY. 3. THE TAHSILDAR, KARUNAGAPPALLY. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1-2 BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).12181/2009 ....................... Dated this the 14th day of July, 2009 JUDGMENT Petitioner availed a housing loan from the Housing Board in the year 1990. He had also mortgaged a land having an extent of 26 cents as security. Repayment of the loan was defaulted. The Housing Board initiated steps under the Revenue Recovery Act. Petitioner approached this Court in O.P.2142/94, which was dismissed for non compliance of the interim order directing payment of Rs.25,000/- within two months from 14.2.1994. Petitioner then approached the Revenue Department which gave facility for repaying the loan in 30 instalments. Apparently on 11.3.1996, petitioner remitted certain amounts with the Revenue Department and by 1996, the Revenue Department transferred the amount of Rs.1,10,886, after deducting collection charges due to him. Housing Board proceeded on the premise that there was no complete repayment of the amount due from the petitioner. Petitioner again approached this Court. This resulted in Ext.P5 judgment requiring the Housing Board to consider the request made by the petitioner, if he W.P.(C).12181/09 2 approaches the 2nd respondent in that regard. Housing Board has now taken the stand that an amount of Rs.2,00,735/- + legal charges + collection charges was due to the Housing Board and they have refused to release the title deed relating to the property mortgaged by the petitioner. Hence the writ petition praying for the following reliefs:- (i).Issue a writ of certiorari setting aside Ext.P4 demand notice of the 2nd respondent. (ii).Issue a writ of mandamus or appropriate writ of direction compelling the 1st and 2nd respondent to return the title deed of 26 cents of land in Sy.Nos.11151-A and 11151-B of Ayanivelikulangara Village of Karunagappally Taluk as security for availing loan. (iii).Declare that the petitioner has paid the entire amount due to the respondents 1 & 2 and no further amount is due from the petitioner to the respondents. W.P.(C).12181/09 3 (iv).Declare that the claim in Ext.P4 is barred by limitation. 2. A statement has been filed on behalf of the 2nd respondent. I heard learned counsel on both sides. 3. Paragraph 4 and 5 of the statement filed by the Housing Board show that the amount demanded by the Housing Board as on 31.5.1993 including interest as also miscellaneous charges was Rs.1,16,754/-. Had the petitioner remitted the said amount within the said time frame, there would have been a complete settlement of loan account. But it is obvious that the petitioner defaulted the same. Ultimately, the aforementioned amount came to be paid only on 11.3.1996. Whatever be the justification by the Revenue Department to collect the recovery charges at this stage, the fact remains that the Housing Board received an amount of Rs.1,10,886/-, in the year 1996 and in the circumstances, the said payment was related to the date 11.3.1996. Even taking the deficit, which then occurred along with interest at the applicable rate from 1993 to 1996, what would have W.P.(C).12181/09 4 been due from the petitioner, would only be the said amount + interest. Even if the said dues as in the year 1996 was calculated upto date, it is difficult to appreciate the stand of the respondent that the petitioner owes an amount of Rs.2,00,735/- + legal charges + collection charges. Obviously the matter requires reconsideration. Therefore, Housing Board shall serve a fresh statement of accounts to the petitioner taking note of the observations made in this judgment and forward it to him within one month from the date of receipt of a copy of this judgment. A final statement shall be drawn up within three months from the date of receipt of a copy of this judgment after notice to the petitioner and on payment of the amount so legitimately determined, the documents of title deposited by the petitioner shall be released to him. Writ petition is disposed of as above. V.GIRI, Judge mrcs