IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 12812 of 2010(B) -------------------------- PETITIONER(S): --------------- T.V.SETHULAKSHMI, D7/2, SOPANAM, CHEVAYOOR HOUSING COLONY, MERIKUNNU P.O., KOZHIKODE 673 012 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. KERALA STATE HOUSING BOARD, SANTHINAGAR, TVM, REP. BY ITS SECRETARY 2. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, KOZHIKODE DIVISION, CHAKKORATHKULAM, KOZHIKODE -6 BY SC SRI. A.JAYASANKAR SC SRI.POOVAPPALLY M.RAMACHANDRAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).12812/2010 -------------------- Dated this the 9th day of April, 2010 JUDGMENT Heard both sides. 2. Petitioner is a confessed defaulter to the Housing Board. According to the Housing Board, as at present, the petitioner's total liability is more than 20 Lakhs. Therefore, the Board finally issued Ext.P6 notice requiring the petitioner to discharge the liability by monthly instalments of Rs.69,500/-. Petitioner submits that the amount fixed by the Board is beyond her capacity. Therefore, she has moved the Board praying for an easy facility to discharge the liability or to allow her to sell the property and discharge the liability. 3. On a reading of the writ petition and the submission made by the learned Standing Counsel for the Board, it would appear that the petitioner has been a consistent defaulter and therefore the Housing Board cannot be faulted for the stand it has taken. However having regard to the fact that it is beyond the means of the petitioner to discharge the liability at the rate as required by W.P.(C).12812/10 2 the Board and also taking into account the prayer of the petitioner to give her some breathing time to make arrangement for the private sale of her property and discharge the liability, I feel it is only appropriate that a reasonable facility should be provided to the petitioner to discharge the liability in the manner suitable to her. Therefore, I dispose of this writ petition with the following directions. (i). Coercive action if any, taken against the petitioner shall be kept in abeyance for a period of three months. In the meantime, it is directed that the petitioner will pay Rs.30,000/- each to the Housing Board. (ii). During the period of three months as specified above, it will be open to the petitioner to discharge the liability in the manner that is possible for her. ANTONY DOMINIC, Judge mrcs