IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 17638 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------ RAJAN.C., S/O. CHELLAN NADAR, R.R. NIWAS (SHAJI BHAVAN), KAVIYODE, KAKKOTELA, KUTTICHAL.P.O., MANNOORKARA VILLAGE, ARYANADU, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.KOTTOOR V.RAJEEV RESPONDENT(S): --------------------------- 1. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 2. DEPUTY COLLECTOR AND CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM-695 001. BY ADV.SRI.A.JAYASANKAR,SC, KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.17638/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RECEIPT DATED 9/4/1997 FOR RS.810/- P1(A) COPY OF THE RECEIPT DATED 15/3/2003 FOR RS.30,000/- P1(B) COPY OF THE RECEIPT DATED 20/3/2003 FOR RS.11,000/- P1(C) COPY OF THE RECEIPT DATED 10/4/2003 FOR RS.810/- P1(D) COPY OF THE RECEIPT DATED 07/3/2007 FOR RS.25,000/- P2 COPY OF THE DEMAND NOTICE UNDER SECTION SEVEN. P3 COPY OF THE NOTICE OF DEMAND PRIOR TO ATTACHMENT OF LAND. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.17638 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2011 J U D G M E N T The petitioner is aggrieved by the revenue recovery proceedings initiated by the respondents for recovery of loan amounts due from the petitioner to the Kerala State Housing Board. The petitioner only seeks facility to pay off the amount in instalments. 2. This is opposed by the counsel for the Housing Board. 3. Heard both sides. On 01.07.2011, this Court directed the petitioner to pay Rs.25,000/- as a condition for stay. The standing counsel for the Board submits that, that amount has been paid. In the above circumstances, this writ petition is disposed of with a direction to the respondents to permit the petitioner to pay off the balance amount due in 10 (ten) equal monthly instalments starting from 01.09.2011. Every W.P.(C)No.17638 of 2011 -2- subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/