IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 4910 of 2009(H) ------------------------------------ PETITIONER(S): ---------------------- ISMAIL LABBA @ NAZIR, AGED 40, S/O.JAMALUDHEEN LABBA, CHINNAMKARA PADIYATHETTIL, KUNDAYAM P.O., PATHANAPURAM. BY ADV. MR.PRAVEEN K. JOY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS CHAIRMAN, SHANTHI NAGAR, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE TAHSILDAR, TALUK OFFICE, PATHANAPURAM. 5. THE DEPUTY TAHSILDAR (RR), PATHANAPURAM TALUK OFFICE, PUNALUR. 6. THE VILLAGE OFFICER, PATHANAPURAM. 7. THE ASSISTANT ACCOUNTS OFFICER, K.S.H.B BRANCH OFFICE, PATHANAPURAM. R1, R3 TO R6 BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN R2 & R7 BY ADV. MR.A.JAYASANKAR, SC KSHB, TVM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 4910/2009-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PAYMENT FOR Rs.31805/- DATED 31/01/2003. EXT.P2: COPY OF THE RECEIPT FOR Rs.39416/- OF KSHB DATED 28/02/2003. EXT.P3: COPY OF THE PAYMENT FOR Rs.39416/- DATED 31/03/2003. EXT.P4: COPY OF THE PAYMENT RCEIPT DATED 09/10/2006 FOR Rs.74295/-. EXT.P5: COPY OF THE RECEIPT DATED 28/11/2006 FOR Rs.19500/- EXT.P6: COPY OF THE RECEIPT DATED 28/12/2006 FOR Rs.10530/-. EXT.P7: COPY OF THE RECEIPT DATED 29/03/2007 FOR Rs.10005/-. EXT.P8: COPY OF THE RECEIPT DATED 30/05/2007 FOR Rs.7000/-. EXT.P9: COPY OF THE RECEEIPT DATED 24/09/2007 FOR Rs.34000/-. EXT.P10: COPY OF THE RECEIPT DATED 26/10/2007 FOR Rs.25,000/. EXT.P11: COPY OF THE RECIPT DATED 28/11/2007 FOR Rs.15,000/-. EXT.P12: COPY OF THE RECEIPT DATED 04/01/2008 FOR Rs.18500/-. EXT.P13: COPY OF THE RECEIPT DATED 31/03/2008 FOR Rs.6684/-. EXT.P14: COPY OF THE SALE NOTICE DATED 14/01/2009 RECEIVED ON 04/02/2009. EXT.P15: COPY OF THE PETITION DATED 06/02/2009 BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No.4910 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th day of May, 2009 JUDGMENT The repayment of the housing loan availed by the petitioner could not be maintained regularly by effecting monthly installments as stipulated, which made the petitioner to be a defaulter, whereupon the respondent who extended the loan had no other alternative but to proceed against him under the Revenue Recovery Act, which is impugned in the present Writ Petition. 2. The main prayer in the Writ Petition is to issue a direction to the second respondent to consider Ext.P15 representation preferred by the petitioner for granting the benefit of 'one time settlement' and to keep all further coercive steps pursuant to Ext.P14 till such orders are passed thereon. 3. The learned counsel for the petitioner submits that the petitioner is ready and willing to clear the liability subject to the orders to be passed on Ext.P15, despite the fact that fate was very much cruel to the petitioner in so far as his mother was undergoing treatment for 'carcinoma', making the petitioner to incur substantial amounts for her treatment, though same could not, however, save her life, which made her to bid farewell to this world. It is further stated that, tragedy was never a case of exception in the case of the petitioner and that, it was WP (C) No.4910 of 2009 : 2 : much after him again, when his wife also turned to be a 'cancer patient' as projected in paragraph 3 of the Writ Petition. 4. Considering the unfortunate turn of events, learned standing counsel for the second respondent, on instructions, fairly submits that petitioner's case deserves consideration, extending much sympathy; which however can only be subject to necessary approval from the first respondent/Government and points out that the second respondent has already submitted a proposal before the first respondent. 5. In the above circumstances, the first respondent is hereby directed to consider the matter and pass appropriate orders for enabling the second respondent to consider matter sympathetically as stated above and this shall be done, as expeditiously as possible, at any rate within a period of three months from the date of receipt of copy of this judgment. The second respondent shall take consequential steps pursuant to the orders to be obtained from the first respondent as aforesaid and till such time passing appropriate orders on Ext. P15, no coercive steps shall be taken against the petitioner. Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd