IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 17582 of 2011(W) -------------------- PETITIONER : --------------------- K.A.SUKUMARAN, S/O.AYYAPPAN, AGED 62 YEARS, KALATHIL HOUSE, EZHUPUNNA, CHERTHALA TALUK, ALLEPPEY DISTRICT, PIN - 688 548. BY ADVS. SMT.PRAMEELA.C.K. SRI.B.R.MURALEEDHARAN RESPONDENT(S): ------------------------- 1. KERALA STATE HOUSING BOARD, HEAD OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM, REPRESENTED BY SECRETARY, PIN - 695001. 2. DEPUTY COLLECTOR & CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, PIN- 695001 3. THE ACCOUNTS OFFICER, KSHB (BRANCH OFFICER) CHERTHALA, ALLEPPEY (DISTRICT), PIN - 688527. 4. SPECIAL DEPUTY COLLECTOR (RR) & CRO, KERALA STATE HOUSING BOARD, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001. BY ADV. SRI. A. JAYASANKAR, SC, KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 17582 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE LETTER DATED 11.9.2001 SENT BY THE PETITIONER TO ASST. SECRETARY, KSHB, ALLEPPEY. EXT.P2 : COPY OF THE REGISTERED NOTICE DATED 26.9.2001, ISSUED BY RESPONDENT NO.3 TO THE PETITIONER. EXT.P3 : COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 30.10.01. EXT.P4 : COPY OF THE LEGAL NOTICE ISSUED BY THE PETITIONER. EXT.P5 : COPY OF THE DEMAND NOTICE. EXT.P6 : COPY OF THE ATTACHMENT NOTICE. EXT.P7 : COPY OF THE REPRESENTATION DATED 8.4.2010 SUBMITTED BY THE PETITIONER TO THE MINISTER FOR HOUSING AND FOREST DEPARTMENT. EXT.P8 : COPY OF THE NOTICE DATED 30.4.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.17582 OF 2011 ---------------------------------------------- Dated this the 9th day of August, 2011 JUDGMENT The learned counsel for the petitioner is repeatedly absent. Today also the learned counsel for the petitioner is absent. The petitioner challenges proceedings for recovery of house building advance taken by the petitioner from the Kerala State Housing Board. The petitioner claims to have paid off the entire amount pursuant to a notice issued by the Housing Board. But, the Housing Bord has now issued further notice for recovery of an amount of Rs.65,872/-, which is under challenge in this writ petition. 2. The learned Standing Counsel for the Kerala State Housing Board points out that Ext.P2 notice was in respect of the outstanding amount, as on that date and not the entire dues on the loan, which alone the petitioner had paid as evidenced by Ext.P3. The balance amount is now sought to be recovered, is the contention raised. W.P.(C)No.17582/11 2 In the above circumstances, without prejudice to the right, if any, of the petitioner to approach the Board for One Time Settlement benefit or other facilities, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.17582/11 3