IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 16786 of 2011(W) -------------------------- PETITIONER(S): ---------------------- THANKAMMA, AGED 71 YEARS, W/O.MADHAVAN, KATTIPARAMBU, KUNNUMMA P.O., THAKAZHI,ALAPPUZHA DISTRICT BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT(S): ----------------------- 1. KERALA STATE HOUSING BOARD REP.BY ITS SECRETARY,TRIVANDRUM-695001 2. ASSISTANT SECRETARY, DIVISION OFFICE, KERALA STATE HOUSING BOARD, ALAPPUZHA-688002 BY ADV. SRI.A.JAYASNKAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16786 of 2011(W) -------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ---------------------------------- EXT.P1. COPY OF THE NOTICE DT. 22.7.2010 EXT.P2. COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.26615 OF 2010. EXT.P3. COPY OF THE SALE NOTICE. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 16786 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of August, 2011. J U D G M E N T The petitioner defaulted repayment of housing loan granted by the 1st respondent-Kerala State Housing Board. The Housing Board has initiated proceedings for recovery of the loan amounts by sale of the property belonging to the petitioner. The petitioner is challenging the same. The petitioner does not dispute the liability to pay or the quantum. She submits that she is in a very difficult situation and she is not in a position to pay the amount in a lump sum and the petitioner would require at least 60 instalments to pay off the amounts. 2. The learned standing counsel for the Bord submitted that one time settlement scheme is available and the amount payable by the petitioner under the scheme is Rs. 3,12,229/- as on 31.7.2011 and the petitioner can avail of the same, in which case the petitioner would get reduction of almost Rs. 2,45,000/-. The learned counsel for the petitioner submits that the petitioner is not even able to raise that much amount. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off the entire loan amount in 20 equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalment amounts on due dates without default, coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits W.P(C) No. 16786 of 2011 -: 2 :- default in payment of any one instalment, it would be open to the respondents to continue recovery proceedings without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/