IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38171 of 2008(T) -------------------------- PETITIONER(S): --------------- VINUKUMAR, S/O.LATE VIVEKANANDAN, VINU NILAYAM, PAYAZHATHERUVU MURI, ARYANAD VILLAGE, ARYANAD P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF NURSING, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE HOUSING BOARD, HOUSING BOARD JUNCTION, THIRUVANANTAHPURAM, REP. BY ITS SECRETARY. 3. ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, NEDUMANGAD BRANCH, NEDUMANGAD P.O., THIRUVANANTHAPURAM. 4. DEPUTY TAHSILDAR (R.R.), (DEPUTY COLLECTOR & CHIEF REVENUE OFFICER), KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38171 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2008 JUDGMENT The petitioner is the son of one Vivekanandan, who availed a loan from the Housing Board in 1998 and executed mortgaged deed in favour of Housing Board. He defaulted in repaying instalments at the rate of Rs.1,333/- and this has resulted in the impugned recovery proceedings, which is initiated principally against the mortgaged property. The original debtor or the petitioner as the son, standing in the shoes of the original debtor, either on account of any transfer or non-testamentary succession, can project only a case that the execution shall stand confined to the properties of the original debtor. That issue also is not of much relevance in this case because there is a mortgage and it is the mortgaged property which is being proceeded against. 2. Going by Ext.P2, by the end of the terms of mortgage loan, there was a default of 164 out of 168 instalments and the total recoverables fixed as of now is Rs.6,43,126/-, as on 01.08.08. WPC : 38171/08 -:2:- 3. Having regard to the submission on behalf of the petitioner that the Housing Board should take benevolent approach having regard to the fact that the original debtor committed suicide on account of financial instability resulting out of non-disbursement of amounts due to him by the Government in different contracts. It is appropriate that the Housing Board gives the petitioner an opportunity to place a request to reduce the total outstandings and make an attempt to pay off the entire outstandings and save the properties from distress action. Accordingly, it is directed that if the petitioner deposits an amount of Rs.2,20,000/-, which is just above the total amount covered by the default instalments, without any interest component and makes a representation within a period of three weeks from now, the Housing Board will consider the request of the petitioner for reducing the total outstandings slashing any accruals under different heads and give the petitioner an instalment facility to pay off the entire outstandings within a further period of six months. If there is default in remitting the amount as stated in this judgment or to WPC : 38171/08 -:3:- comply with the directions of the Housing Board, regarding the repayment of the instalments, the benefit of this judgment will stand recalled and the Housing Board will be entitled to conclude the proceedings and sale the mortgaged property in accordance with law, at the earliest. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb 30/12