IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 2557 of 2009(D) --------------------------------------------- PETITIONER(S): ----------------------- K.H.ABDULLA, AGED 55,S/O.HASSAN, KONNARKUDY HOUSE, PARAPPURAM, PERUMBAVOOR. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY ITS CHIEF SECRETARY,SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR,ERNAKULAM DIST. 3. SPECIAL DEPUTY TAHSILDAR (R.R),KSFE, I.S.PRESS BUILDING, BANERJI ROAD, ERNAKULAM. 4. KERALA STATE FINANCIAL ENTERPRISES, CORPORATE OFFICE,THRISSUR-20.REP.BY ITS MANAGING DIRECTOR. 5. THE BRANCH MANAGER,KSFE, PERUMBAVOOR BRANCH. R1 & R2 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R3 TO R5 BY ADV. SHRI T. NAVEEN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 2557 OF 2009 D -------------------------------------- Dated this the 27th January, 2009 JUDGMENT Petitioner availed a loan. It was not repaid. He is faced with sale proceedings vide Ext.P3. I heard the learned counsel for the petitioner, learned standing counsel and also the learned Government Pleader. Learned counsel for the petitioner prays that the petitioner may be permitted to pay off the entire amount in easy instalments. Having regard to the facts, the Writ Petition is disposed of as follows: If the petitioner pays Rs.40,000/= (Rupees Forty Thousand) on or before the time of sale mentioned in Ext.P3, further proceedings pursuant to Ext.P3 will be kept in abeyance, on condition that the petitioner pays off the amount remaining to be paid including collection charges in eight equal monthly instalments, the first of which shall be payable on or before 27.02.2009 and the remaining instalments on or before the 27th of every succeeding month. If the petitioner pays Rs.40,000/= WPC.2557/09 D 2 (Rupees Forty Thousand) before the time of sale mentioned in Ext.P3, the fifth respondent will serve a Statement on the petitioner within two weeks from the date of payment of Rs.40,000/=(Rupees Forty Thousand) showing the exact amount payable and also the amount of instalments to be paid in terms of this Judgment. If the petitioner does not remit Rs.40,000/= (Rupees Forty Thousand) as aforesaid or commits default in payment of any single instalment, petitioner will forfeit the benefit of this Judgment and the respondents will be free to proceed against the petitioner for recovery of the amount in accordance with law. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge