IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 31527 of 2008(C) -------------------------- PETITIONER(S): --------------- MARY GEORGE, W/O.GEORGE, AGED 52 YEARS, HOUSEWIFE, RESIDING AT THURAKKAL HOUSE, KODAKKATTUPARA, P.O.PULLOORAMPARA, THIRUVAMPADY, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY THE CHAIRMAN, THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 2. THE DEPUTY COLLECTOR & CHIEF REVENUE OFFICER, THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. BY SRI.A.JAYASANKAR, SC, R1 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN, R2, 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 31527 OF 2008 C ```````````````````````````````````````````````````` Dated this the 28th day of October, 2008 J U D G M E N T Petitioner availed a loan in the year 1998-99. According to the petitioner, the rate of interest was fixed as 15.5% per annum which was repayable in 168 monthly instalments. It is also stated that the contract stipulates imposition of interest at the rate of 15.5% on the principal amount, default interest at the rate of 15.5%, penal interest on the defaulted instalments at the rate of 2.5% in addition to the usual rates and total interest payable is more than 40% in the event of any default. The petitioner remitted 42,905/-. It is stated that only a small portion is adjusted against the principal amount and the remaining was accepted as interest, penal interest and default interest and 85% of the total payment is adjusted towards interest, penal interest and default interest and only 15% is adjusted towards the principal amount. The petitioner is desirous of regularising the loan account if the respondent does not claim interest on EMI, penal interest and default interest. Recovery steps are initiated against the petitioner and it is stated that the petitioner will become homeless if the property is sold. WPC.31527/08 : 2 : 2. I heard learned counsel for petitioner and learned standing counsel for the respondent Board. Learned standing counsel points out that having regard to Ext.P3, it is open to the petitioner to raise all her contentions before the author of Ext.P3 and that the author of Ext.P3 will take into consideration all the contentions of the petitioner and also will issue a statement of accounts in accordance with Ext.P3. In the light of the submission made by the learned standing counsel, writ petition is disposed of directing that if the petitioner appears before the author of Ext.P3 on 10.11.2008 at 11 a.m., the Assistant Secretary, Kerala State Housing Board, Kozhikode-6, who issued Ext.P3, will consider the objections of the petitioner and take a decision in the matter in accordance with law and Ext.P3 and issue a statement also to the petitioner on that day itself(i.e., 10.11.2008). Proceedings against the petitioner shall be kept in abeyance till such decision is taken in the matter. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE