IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 16826 of 2011(C) --------------------------------------- PETITIONER: ------------------- MOHAMMED KUNJU, MALAYIL KADAVIL, KUNNUMMA P.O., THAKAZHI, ALAPPUZHA DISTRICT. BY ADVS. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN, SMT.T.J.SEEMA. RESPONDENTS: ------------------------ 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS EXECUTIVE OFFICER, THIRUVANANTHAPURAM, PIN-690 003. 2. THE KERALA STATE HOUSING BOARD, ALAPPUZHA DIVISION OFFICE, ALAPPUZHA, PIN-688 002. R1 & R2 BY ADVS. SRI.POOVAPPALLY M.RAMACHANDRAN NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16826/2011-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MAHAZAR. EXT.P.2: COPY OF THE NOTICE DTD. 30/06/10. EXT.P.3: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C).NO.22006 OF 2010 DTD. 11/08/2010. EXT.P.4: COPY OF THE SALE NOTICE. RESPONDENTS' ANNEXURES: ANNEXURE.R1.A: COPY OF THE LOAN APPLICATION FOR RENOVATION OF EXISTING HOUSE BUILDING. ANNEXURE R1.B: COPY OF THE PLAN OF THE BUILDING FOR RENOVATION. ANNEXURE R1.C: COPY OF THE ESTIMATE FOR RENOVATION. ANNEXURE R1.D: COPY OF THE LETTER NO. ARM-46/MIG-97 DTD. 23/09/2010. ANNEXURE R1.E: COPY OF THE STATEMENT OF REQUISITION AMOUNT AS ON 31/03/2005 AND DUES AS ON 23/06/2011. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 16826 of 2011 ================== Dated this the 18th day of July, 2011 J U D G M E N T The petitioner challenges proceedings initiated by the respondents for recovery of loan amounts defaulted by the petitioner. 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. He points out that one time settlement scheme is available to the petitioner and if the petitioner avails of the same, the petitioner stands to gain more than ` 2 lakhs as concessions. But the learned counsel for the petitioner submits that the petitioner is not in a position to pay that OTS amount also within 30.9.2011, till which date only the facility is available. The learned counsel for the petitioner submits that the petitioner may be permitted to pay off the amounts due in instalments. 3. Having heard the learned standing counsel for the Board also, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off the amounts 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 w.p.c.16826/11 2 petitioner pays the instalments on the due dates without default, coercive proceedings for recovery of the amounts shall be kept in abeyance. However, if the petitioner commits default in payment of any 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. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge