IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22786 of 2008(K) -------------------------- PETITIONER -------------- HAMEED KUNJU, S/O. SHAMSUDEEN KUNJU, KALLUVILA VADAKATHIL PALLISSERIKAL, SASTHAMCOTTA, KUNNATHU TALUK, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS ----------------- 1. SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHPURAM. 2. ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, BRANCH OFFICE, KARUNAGAPPALLY. 3. CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 4. TAHASILDAR, KUNNATHUR TALUK, KOLLAM DISTRICT. BY SRI.A.JAYASANKAR, SC OR KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 22786 OF 2008 K ==================== Dated this the 29th day of July, 2008 J U D G M E N T Revenue recovery proceedings have been initiated against the petitioner. According to the petitioner, he had availed of a loan of Rs.1.80 lakhs in two instalments. Petitioner submits that on a wrong calculation of the amount, Ext.P5 requisition was issued for initiating revenue recovery action for realising Rs.5,96,111/-. Thereafter by Ext.P6 revenue recovery notice, this amount is sought to be realised. It is challenging Exts. P5 and P6 revenue recovery notice, the writ petition has been filed. Learned counsel for the petitioner submits that he has not been issued a statement of accounts and that the liability is yet to be quantified. 2. In terms of the agreement that the petitioner has entered into, it is for the Housing Board to quantify the amounts that are due. As against such quantification, if the petitioner has any grievance, it is for the petitioner to approach the appropriate Civil Court disputing the quantification and such an exercise cannot be undertaken in a writ petition. 3. However, in so far as the grievance of the petitioner that he WPC 22786/08 :2 : has not been issued a statement of accounts, what is noticed is that even in the pleadings, the petitioner has stated that “at any stretch of imagination, the amount will not go beyond 3.75 lakhs”. Therefore, since out of the amounts that is mentioned in Ext.P5, petitioner is admitting his liability to pay Rs.3.75 lakhs, I direct that the same be paid and on receipt thereof, the 2nd respondent shall issue the petitioner a statement of accounts indicating his exact liability. It is directed that any such remittance shall be within one month from today and on receipt thereof, within 2 weeks thereafter, the statement of accounts shall be furnished to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp