IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 6105 of 2008(B) ------------------------- PETITIONER: ------------ D. CHELLAN, S/O.DHARMANADHAN CHITRALAYAM, THAKKADIKONATHU KIZHAKKUKARA VENCODE P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR "BHADRATHA", MUSEUM ROAD, THRISSUR-20. 2. THE SENIOR MANAGER, LOAN UNIT,KSFE LTD. THIRUVANANTHAPURAM-10. 3. THE SPECIAL DEPUTY TAHSILDAR (RR) KSFE LTD., REGIONAL OFFICE SILVER JUBILEE BUILDINGS, STATUE THIRUVANANTHAPURAM-1. 4. THE DISTRICT COLLECTOR, COLLECTORATE VANCHIYOOR, THIRUVANANTHAPURAM. R1&2 BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. R3&4 BY G.P. SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.6105 of 2008 .................................................................... Dated this the 27th day of March, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of house building loan availed from KSFE. Petitioner's case is that an amount of Rs.60,000/- is paid after receipt of recovery notice and petitioner's wife's salary was subject to recovery. Besides this, there is attachment of DCRG benefits of petitioner's wife. In the circumstances, W.P. is disposed of directing the authority who has to make payment of DCRG to petitioner's wife to release the full payment to second respondent. The petitioner will furnish details of payments and recoveries made and there will be direction to the second respondent to adjust all payments including the DCRG recovered and give a statement of balance liability to the petitioner within a month from today. The petitioner is granted time till 31.5.2008 to make payment of balance if any payable. There will be direction to the respondents to recover only balance amount with 13.5% simple interest and without charging any default or penal interest or other recoveries including collection charges as shown in Ext.P3. There will be direction to the third respondent not to proceed with sale of petitioner's 2 property for two months from now and thereafter recovery, if any, will be limited to the balance amount due. C.N.RAMACHANDRAN NAIR Judge pms