IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 384 of 2008(U) ------------------------ PETITIONER: ------------ 1. K.V. ULLAS, S/O. VAMADEVAN, PADIYEZHATHUMADAM, KANNIMELCHERRY, SAKTHIKULANGARA VILLAGE, KAVANAD P.O., KOLLAM. 2. V. GEETHA, D/O. VASANTHY, PADIYEZHATHUMADAM, KANNIMELCHERRY, SAKTHIKULANGARA VILLAGE, KAVANAD P.O., KOLLAM. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENTS: ------------- 1. THE AUTHORISED OFFICER, DEPUTY COLLECTOR (RR), BHADRATHA KSFE HEAD OFFICE, THRISSUR. 2. THE SPECIAL DEPUTY TAHSILDAR (RR), KSFE, KOLLAM. 3. THE VILLAGE OFFICER, SAKTHIKULANGARA VILLAGE, KOLLAM. 4. THE BRANCH MANAGER, KSFE, SAKTHIKULANGARA BRANCH, KOLLAM. 5. THE REGIONAL MANAGER, KSFE LTD., KOLLAM-1. BY ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. GOVERNMENT PLEADER MATHEW GEORGE VADAKKEL SRI.T.NAVEEN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).384/2008 -------------------- Dated this the 7th day of January, 2008 JUDGMENT Second petitioner availed a loan from the Kerala State Financial Enterprise. First Petitioner, her husband, stood as surety for the said loan. When the petitioners defaulted re-payment of the amount, proceedings were taken by the KSFE. Ultimately the issue came before the District Legal Services Authority, Kollam. It is the petitioners' case that the dispute was resolved under the Legal Services Authorities Act, as evidenced by Ext.P1. Apparently, KSFE agreed to receive an amount of Rs.5,65,000/- in full and final settlement of the demand of Rs.8,83,604/-. The amount was to be paid on or before 31.12.2007. 2. Admittedly, petitioners have not paid the amount within the time stipulated. Learned counsel for the petitioners prays that he may be granted instalment facilities for payment of the amount fixed under Ext.P1. W.P.(C).384/2008 2 3. Firstly, I note that there is no challenge against Ext.P1. Secondly Ext.P1 is in the nature of an agreement between the parties, followed by a seal of approval by a statutory authority under the Legal Services Authority Act. This Court cannot change the terms of Ext.P1. It may be open to the parties to re- negotiate and fix an extended period for payment of the amount. Without prejudice to any such right available to the petitioners to move the KSFE for extension of the period to pay the amount due, the writ petition is dismissed. V.GIRI, Judge mrcs