IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 1288 of 2005(C) ------------------------------------ PETITIONER: ------------------- SAJAS MOHAMMED, AGED 26 YEARS, S/O.M.A.NASSARUDEEN, MADATHIL HOUSE, KANJIRAPPILLY P.O. KOTTAYAM DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.P.M.SHAMEER RESPONDENTS: ---------------------- 1. LIC HOUSING FINANCE LTD., REP. BY ITS MANAGER 3RD FLOOR, CHITTOOR TOWERS, BAKERY JN., PALAYAM, THIRUVANANTHAPURAM 695 034. 2. AUTHORIZED OFFICER, LIC HOUSING FINANCE LTD., 3RD FLOOR, CHITTOOR TOWERS, BAKERY JUNCTION, PALAYAM, THIRUVANANTHAPURAM 34. ADV. SRI.R.S.KALKURA SRI.S.EASWARAN, SC L.I.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1288/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CERTIFICATE NO.74/2004 DT. 6.2.2005 ISSUED BY THE VILLAGE OFFICER, KANJIRAPPILLY. EXT.P2:- COPY OF THE RECEIPT NO.26 DT. 6.1.2005 ISSUED BY THE VILLAGE OFFICER, KANJIRAPPILLY. EXT.P3:- COPY OF THE DEMAND NOTICE DT. 23.11.2004 ISSUED BY the 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.1288 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “To call for the records relating to Exts.P1 to P3 and to issue a writ of mandamus commanding the respondents 1 and 2 not to proceed against the property of the petitioner stated in Exts.P1 to P3 under the Securitisation Act of 2002. (ii) To issue a writ of mandamus commanding the respondents 1 and 2 to reschedule the loan liability of the petitioner by permitting the petitioner to pay off the liability in instalments at the rate of Rs.10,000/- month and by fixing the rate of interest at 7%.” In view of the intervening developments, it is for the petitioner to approach the first respondent, as far as the second relief is concerned. In the event of the petitioner approaching the first respondent, appropriate action in accordance with law in the matter, taking note of the payments made in the meanwhile, shall be taken by the first respondent before proceeding with further recovery. In that view of the matter, it has become unnecessary to consider the question of law. The same is left open. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.1288 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.