IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11442 of 2008(K) -------------------------- PETITIONER: ------------ BABU THOMAS, AGED 48, S/O.THOMAS MECHERRIL HOUSE, KOCHU THOVALA P.O. KATTAPPANA VILLAGE, UDUMPANCHOLA TALUK IDUKKI DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SRI.E.M.MURUGAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER, LAND REVENUE OFFICE OF THE LAND REVENUE COMMISSIONER PUBLIC OFFICE, TRIVANDRUM. 3. THE DISTRICT COLLECTOR IDUKKI DISTRICT, PAINAVU, IDUKKI. 4. THE TAHSILDAR (REVENUE RECOVERY) NEDUMGANDAM. 5. THE VILLAGE OFFICER, KATTAPPANA VILLAGE KATTAPPANA. 6. THE KERALA STATE HOUSING BOARD DIVISION OFFICE, KATTAPPANA, REP. BY ACCOUNTS OFFICER. R1 TO 5 BY G.P. R6 BY ADV. SRI.A.JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.11442 of 2008 .................................................................... Dated this the 4th day of April, 2008. JUDGMENT Even though petitioner is challenging revenue recovery proceedings on the ground that Housing Board is not covered by Section 71 Notification, the argument is only to be rejected because Notification No.311/1976 covers recovery for Housing Board. However, since counsel for the petitioner submitted that petitioner will not be able to clear the arrears without selling his own house, I feel an opportunity can be granted to the petitioner to settle liability by sale of his house or otherwise so that excess, if any, received on sale at market price will leave some balance with the petitioner. The W.P. is, therefore, disposed of granting stay against recovery proceedings for four months from now. This is on condition that petitioner will remit rupees fifty thousand on or before 30.4.2008 and balance within three months thereafter. The petitioner is free to negotiate for sale of the mortgaged property and can even enter into agreement for sale. However, the sale deed will be executed after release of title deed by the Housing Board after petitioner clears entire liability, either by himself or by the purchaser under agreement with the petitioner. If the sale agreement 2 so provides, the Housing Board will directly release title deed to the purchaser on his clearing the arrears. The petitioner will produce copy of this judgment before the respondents for compliance. C.N.RAMACHANDRAN NAIR Judge pms