IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 20295 OF 2005(N) -------------------------- PETITIONER: ------------ JOSE THOMAS, AGED 30 YEARS, S/O. THOMAS, MEKKAT HOUSE, ANAKKALLU P.O., KANJIRAPPALLY. BY ADV. SRI.M.B.PRAJITH SRI.BIJU JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE G.I.C. HOUSING FINANCE LTD., T.D. ROAD, ERNAKULAM, REP. BY BRANCH MANAGER. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KANJIRAPPALLY. ADV. SRI.V.M.KUTTY MOOSA FOR R2 GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 8.6.2005. RESPONDENTS EXHIBITS: EXT.R2(a) TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, DATED 24.9.2004. EXT.R2(b) TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, DATED 22.12.2004. EXT.R2(c) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SHOWING THE ACCEPTANCE OF THE NOTICE BY THE PETITIONER AND GUARANTOR, DATED 29.12.2004. EXT.R2(d) TRUE COPY OF THE FINAL LAWYER NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 14.03.2005. EXT.R2(e) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SHOWING THE ACCEPTANCE OF THE FINAL NOTICE BY THE GUARANTOR, DATED 31.03.2005. EXT.R2(f) TRUE COPY OF THE POSTAL ENDORSEMENT ON THE NOTICE SHOWING THE REFUSAL OF ACCEPTING THE NOTICE BY THE PETITIONER, DATED 29.3.2005. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN, J. = = = = = = = = W.P.(C) NO. 20295 of 2005 = = = = = = = = = = = = = DATED THIS, THE 27TH DAY OF MAY, 2008 J U D G M E N T = = = = = = = = Petitioner has approached this Court, challenging the revenue recovery proceedings initiated by the third respondent Deputy Tahsildar, for realisation of the amount as per the certificate issued by the second respondent GIC Housing Finance Ltd., from whom he availed a housing loan. 2. An amount of Rs. 9,50,000/- was availed by by the petitioner, by way of loan in September, 2003. Admittedly, petitioner constructed a building availing such loan and he was not punctual in the matter of repayment of the same in terms as agreed upon. According to the petitioner, failure of agricultural crops and declining of business activities led to such a state of affairs. 3. This writ petition was filed as early as in 2005 and it is averred in para 3 of the writ petition that the petitioner has revived his business and he is able to repay the amount in instalments. But according to the respondent, even the interim direction issued by this Court, while granting the stay is not complied with by the petitioner. As such there is no bona fide in the contention raised in the writ petition. WP(C) 20295/2005 2 4. The second respondent has filed a counter affidavit producing materials to show that petitioner is a chronic defaulter in repayment of the loan availed by him and still balance is due from him. In such circumstances, it is for the petitioner to substantiate by producing necessary materials before this Court, disputing the averments made in the counter affidavit. No materials is, however, produced by him enabling this Court to see whether the amount so demanded is not legally due from the petitioner. In such circumstances, leaving open the right of the petitioner, if any, to approach the civil court, this writ petition is dismissed. P.R. RAMAN, JUDGE. knc/-