IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 6680 of 2009(D) ------------------------------------- PETITIONER(S): ---------------------- DAVY LOUISE, S/O.LOUISE, AGED 44 YEARS, PADAYATTIL HOUSE, KALADY, ERNAKULAM. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): ------------------------- 1. THE KERALA STATE HOUSING BOARD, SHANTHI NAGAR, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE TAHSILDAR (RR) ALUVA TALUK, ALUVA. 3. THE VILLAGE OFFICER, VADAKKUMBAGAM, ALUVA, ALUVA TALUK, ERNAKULAM DISTRICT. R1 BY STANDING COUNSEL SRI.A.JAYASANKER. R2, R3 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 6680 of 2009-D ---------------------------------------------- Dated, this the 5th day of March, 2009 J U D G M E N T Petitioner availed a loan which is not repaid. Petitioner challenges Ext.P11. Ext.P11 is the proceedings of the Secretary, Kerala State Housing board, Thiruvananthapuram dealing with the contention of the petitioner that the recovery is barred. Admittedly, there is a mortgage. The loan was availed in the year 1998. The case of the petitioner is that the period of limitation is 3 years. Article 62 of the Limitation Act provides for a period of 12 years in a case based on enforcement of mortgage. Therefore, there may not be much substance in the case of the petitioner that the debt is barred. Petitioner submits that he may be permitted to pay off the amounts in instalments. I heard learned counsel for the petitioner, learned standing counsel for the Housing Board and learned Government Pleader. 2. Having regard to all facts, the writ petition is WPC No.6680/2009 -2- disposed of permitting the petitioner to pay off the entire amount in 13 instalments first of which consists of Rs.50,000/- to be paid on or before 31st March, 2009. The next instalment will be payable on or before 1.5.2009 and the further instalments on or before the Ist working day of every succeeding month. If the petitioner appears before the Housing Board Perumbavoor after payment of Rs.50,000/- a statement will be given within 10 days thereafter showing the amount with due interest remaining to be paid and the instalments to be paid. If there are no other proceedings under the Revenue Recovery Act apart from Exts.P4 and P5, no collection charges need be paid by the petitioner. If the petitioner does not remit either Rs.50,000/- or any of the instalments as aforesaid, he will loose the benefit of this judgment and the respondents will be free to proceed against the petitioner in accordance with law. (K.M.JOSEPH) JUDGE. MS