IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 10234 of 2008(R) -------------------------- PETITIONER(S): --------------- P.RAFEL, S/O. PATHROSE, PANAYAMKUNNIL KIZHAKKETHIL VEEDU, MYLOM, AACKAVILA KOTTARAKKAL TALUK, KOLLAM DISTRICT. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT(S): --------------- 1. THE SECRETARY, KERALA STATE HOUSING BOARD, PATHANAPURAM, KOLLAM DISTRICT. 2. THE TAHASILDAR, REVENUE RECOVERY, TALUK OFFICE, KOTTARAKKARA. R1 BY SC SRI. A. JAYASANKAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON 28/05/2009 DELIVERED THE FOLLOWING: 2 APPENDIX (WPC 10234/2008) PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE TAX PAID RECEIPT SHOWS THAT THE PETITIONER IS IN POSSESSION OF 4.05 ARES OF PROPERTY DATED 11.5.1998 EXT.P2 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 26.12.2007 EXT.P3 TRUE COPY OF REPRESENTATION SUBMITTED BY THE SISTER OF THE PETITIONER DATED 13.3.2008 RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 10234 OF 2008 & R.P. NO. 523 OF 2008 -------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT Review petition is filed by the Housing Board stating that facts assumed by this Court while disposing of the Writ Petition are incorrect inasmuch as writ petitioner had not constructed the house with the funds advanced by the Housing Board. It is further stated that the defaulter has not made any payment in terms of the interim order dated 30.5.2008. However, he approached the Government and obtained instalment facility, according to which, payment is being made. Since borrower availed loan by misdeclaring the stage of construction of the building, which on enquiry was found to be incorrect by the Housing Board, Review Petition is allowed vacating the judgment. In view of the instalment facility obtained by the writ petitioner from the Government, no relief need be granted to the petitioner. Writ Petition is dismissed accordingly. (C.N. RAMACHANDRAN NAIR) Judge kk