IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 24296 of 2009(F) -------------------------- PETITIONER(S): --------------- M.CHANDRAN,S/O.KUMARAN, AGED 72 YEARS,MEPARAMBATHU HOUSE, NEAR S.V.COLONY,KOZHIKODE-6. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): --------------- 1. THE DEPUTY COLLECTOR & CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 2. KERALA STATE HOUSING BOARD, REP.BY ITS CHAIRMAN,THIRUVANANTHAPURAM. ADV.SRI. A. JAYASANKAR, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C)No.24296 OF 2009 ------------------------------ Dated this the 7th day of September, 2009 J U D G M E N T ---------------------- 1. Petitioner had availed a loan from the 2nd respondent for house construction, which was promised to be repaid in 167 equal monthly installments. The petitioner had defaulted repayment and consequently the 2nd respondent had attached the property mortgaged for securing the loan, through Ext.P1 notice. According to the petitioner the amount of Rs.9,43,265/- demanded in Ext.P1 notice is not true and correct and the petitioner was not supplied with the split up details in arriving such a huge amount. Submission of the petitioner is that he is making frantic efforts to discharge the liability and if some time is granted he will pay the entire amount due within few months. 2. Learned standing counsel appearing for the 2nd respondent on instruction submitted that as per terms of the loan agreement the petitioner had to repay the amount in 168 equal monthly installments which the petitioner had defaulted and the amount mentioned in Ext.P1 is the correct amount accrued including interest. Standing counsel opposed granting of any long period for making payment of the amount. 3. Having considered the entire facts and circumstances W.P.(C).24296/09-F 2 of the case I am inclined to show some indulgence in the matter by granting installment facility for payment of the arrears. Accordingly the writ petition is disposed of directing the respondents to keep in abeyance further coercive steps for recovery if the petitioner makes payment of the total amount due in six equal monthly installments. The 2nd respondent will furnish a calculation statement showing the present arrears to the petitioner within two weeks from today. The petitioner shall make payment of the said amount in six equal monthly installments starting from 15th October, 2009 onwards. The subsequent installments shall be paid on or before 15th of every succeeding month. It is made clear that if the petitioner has got any dispute with respect to the correctness of the amount, it is for him to approach the 2nd respondent to get it corrected. On the event of default of any of the installments, the benefit granted in this Judgment will stand automatically cancelled. C.K.ABDUL REHIM, JUDGE. okb