IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 29147 of 2008(T) -------------------------- PETITIONER(S): --------------- SHOBANA PRASAD, W/O.PRASADAN PILLAI, RESIDING AT KAILAS BHAVAN, KRISHNAPURAM P.O., KOLLAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): --------------- 1. THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, OCHIRA BRANCH, KOLLAM. 2. STATE BANK OF TRAVANCORE, REP. BY ITS CHIEF MANAGER, OCHIRA, KOLLAM. 3. STATE BANK OF TRAVANCORE, REP. BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM. BY ADV.SRI.R.S.KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29147 OF 2008 ------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT The petitioner has been dispossessed of her residential building. She states that she has a sucking child and two more little ones. Her husband has got an employment abroad a month ago. He was an agriculturist. It appears that she availed a housing loan for an amount of Rs.2,50,000/- with a monthly repaying liability of Rs.3,225/-. On default, the distress action has resulted in her being thrown out. On the facts of the case, it appears to be one where the petitioner and her three little children are left with no shelter and her husband will be able to generate funds without delay. The total defaulted EMIs plus accruals thereon for a benevolent regularisation of that loan transaction, by treating it as an extra ordinary case, is, according to the Bank, Rs.1,65,000/- This means that on payment of that amount, the petitioner would be entitled for a consideration for regularisation of the transaction. WPC.29147/08 Page numbers Having regard to the totality of the facts and circumstances, it is ordered that on payment of Rs.50,000/- within three days from now, the petitioner will be put back in occupation and will be permitted to continue in occupation on payment of Rs.25,000/- on or before 10.11.2008 and on payment of the remaining amounts with interest accrued thereon in two instalments payable on or before the last working day of November, and December, 2008. The petitioner will be put in occupation on payment of Rs.50,000/- and de jure possession would be released to her only on payment of the entire amounts due towards the arrear component. The petitioner will also start repaying the EMI amounts from October, 2008 so that the transaction, on regularization, will survive to let the petitioner enjoy the benefit of the loan. The time limits and amounts for payment are fixed having regard to the peculiar facts and circumstances of this case and any default in repayment as aforesaid will result in the benefit of this judgment being recalled automatically. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.