IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 29929 of 2009(I) ---------------------------------- PETITIONER(S): --------------------- GEETHA, W/O.K.M.SIVAPRASAD SANTHI, SANTHIMADOM, MUNDAKKAL, KOLLAM DISTRICT. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): ----------------------- 1. KERALA STATE HOUSING BOARD, REPRESENTED ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, KERALA STATE HOUSING BOARD, KOLLAM. 3. TAHSILDAR (REVENUE RECOVERY), KOLLAM. R1 & R2 BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR, STANDING COUNSEL.KSHB R3 BY GOVERNMENT PLEADER MR. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 29929 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2009 J U D G M E N T Challenge in this writ petition is against revenue recovery proceedings initiated pursuant to Ext.P1 notice for realisation of arrears in a housing loan availed by the petitioner from the second respondent. When the writ petition came up for consideration on 22.10.2009, this court has stayed conformation of sale if any, conducted pursuant to Ext.P1 notice or further actions if no sale is conducted on the basis of Ext.P1, for a period of one month, on condition of the petitioner remitting the amount of Rs.15,000/- on or before 15.11.2009. It is reported that the petitioner had failed to remit the said amount. 2. In the statement filed on behalf of the respondents 1 and 2, it is mentioned that on an earlier occasion when revenue recovery steps were initiated, the petitioner had filed a suit before the Sub Court, Kollam as O.S.No.398/2003. The petitioner had also filed a Writ Petition before this Court on earlier occasion as WP(C)No.28276/2007. This court by judgment dated 25.9.2007 issued direction to withdraw the recovery steps on temporary basis and provided the petitioner WPC.29929 of 2009 : 2 : with facility to make payment of loan amount in installments. Since the petitioner has defaulted in availing the benefit granted under that judgment, the recovery steps is now being perused. It is further stated that on 7.9.2009, the petitioner approached the respondents seeking One Time Settlement of the arrears and the respondents have intimated the petitioner about the decisions with respect to One Time Settlement, wherein considerable reduction to the tune of Rs. 4,21,052/- was granted. 3. The petitioner has approached this Court with the present writ petition without divulging all the above facts. Therefore, the writ petition deserves no consideration. From the facts stated above it is evident that the petitioner had approached this Court not with clean hands. Further there is chronic default from the side of the petitioner in availing any of the benefit of the earlier judgment, as well as offers made by the respondent. The petitioner had failed to comply with the interim condition imposed in this writ petition. Therefore the writ petition deserves no merit and the same is hereby dismissed. ( C.K. ABDUL REHIM, JUDGE) jma