IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 31141 of 2009(K) -------------------------- PETITIONER: --------------- DEVADAS.K., AGED 50 YEARS, S/O.KESAVAN NAIR, KODAKOTHU HOUSE, KALAMPOOR, ENANELLOOR P.O., MUVATTUPUZHA. BY ADV. SRI.SHAJI JOSEPH RESPONDENT: --------------- DEPUTY COLLECTOR & CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 31141 OF 2009 ......................................................................... Dated this the 6th April, 2010 J U D G M E N T The prayer of the petitioner is only to direct the respondent to consider Ext.P2 representation for enabling the petitioner to satisfy the outstanding liability under the loan transaction, giving possible deductions and to keep the coercive steps in abeyance till such time. 2. When the matter came up for consideration on 03.11.2009, the coercive steps were intercepted on condition that the petitioner deposited a sum of Rs. 75,000/- within three weeks, which is stated as complied with. 3. The learned Standing Counsel for the respondent Board has filed a statement also producing a copy of the order dated 28.11.2009 ( wrongly marked as 'Ext.R1A' instead of Annexure), which shows that the entire amount deposited by the petitioner W.P.(C) No. 31141 OF 2009 2 has already been given credit to and that necessary orders have been passed therein requiring the petitioner to clear the balance amount of Rs.4,18,506/-. It is also stated in the above order that if the petitioner was not in a position to satisfy the liability in lump sum, 50% of the same was to be remitted on or before 31.12.2009 and to clear the balance amount by way of 10 equal monthly installments. It is also stated in Ext.R1(a) that the benefit of OTS was not available and hence the petitioner was directed to deposit the entire amount in the manner as specified therein. 4. Taking note of the persuasive submission made by the learned Counsel for the petitioner, this Court finds it fit and proper to permit the petitioner to clear the entire balance amount by way of 'eight' equal monthly installments, the first of which shall be effected on or before 30.04.2010 to be followed by similar installments to be effected on or before the 30th of the succeeding months. Subject to the above, all recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance. W.P.(C) No. 31141 OF 2009 3 5. It is made clear that if any default is committed by the petitioner in effecting the installments as above, the respondent Board will be at liberty to proceed with further coercive steps for realisation of the amount in a lump sum from the stage where it stands now. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk