IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 32255 of 2009(B) --------------------------------------- PETITIONER(S): ------------------------- 1. NIRMALA.J., W/O.LATE P.KRISHNAN, AGED 46 YEARS, K.N.BHAVAN, VIRALY, KULATHOOR, UCHAKADA P.O. 2. MINOR AKHIL, AGED 16, S/O.LATE KRISHNAN, DO. DO. 3. MINOR AKHITHA, AGED 15, S/O.LATE KRISHNAN, DO. 4. MINOR AKHIN, AGED 13, S/O.LATE KRISHNAN, DO. (MINOR PETITIONERS 2 TO 4 ARE REPRESENTED BY THEIR GUARDIAN AND NEXT FRIEND, WHO IS THE MOTHER, NAMELY, THE FIRST PETITIONER). BY ADV. MR.P.R.VENKETESH RESPONDENT(S): ------------------------ 1. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. DEPUTY COLLECTOR & CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 3. DEPUTY TAHSILDAR (RR)-1, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 4. ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, BRANCH AT BALARAMAPURAM, THIRUVANANTHAPURAM. R1,2 & 4 BY ADV. MR.A.JAYASANKAR, SC KSHB, TVM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32255 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009 J U D G M E N T 1. Petitioners are aggrieved by revenue recovery steps initiated pursuant to Exts.P8 & P9 notices, for realisation of amounts due under a housing loan sanctioned to the deceased husband of the 1st petitioner, who is the father of petitioners 2 to 4. The revenue recovery proceedings is challenged on the ground that no notice was issued to the legal heirs of the defaulter and the steps now being persued is in the name of the deceased person. But grievance of the petitioners is that immovable and movables properties belonging to them is now being proceeded against, without affording any chance to object such actions. I am of the opinion that no recovery steps can be persued further on the basis of Exts.P8 & P9 notices, without issuing proper notice to the petitioners who are the W.P.(C)No. 32255 of 2009 -2- legal heirs of the defaulter. Therefore Exts.P8 & P9 are liable to be quashed. 2. It is noticed that the total amount demanded under Ext.P8 is Rs.2,83,658/-. Whereas in a statement filed on behalf of the 1st respondent it is mentioned that the loan account in question is eligible for settlement under 'One Time Settlement' Scheme formulated by the 1st respondent. After considering possible waiver of penal interest and default interest, it is mentioned that, the One Time Settlement can be effected if the petitioners makes payment of a sum of Rs.1,62,945.18/-. 3. Learned counsel for the petitioners submits that the 1st petitioner is a widow and petitioners 2 to 4 are minor children. Considering the fact that the borrower is no more and that the petitioners are not having any independent income of their own, indulgence of this court is sought for in permitting the petitioners to pay off the settlement amount in three (3) equal monthly installments. 4. Considering the situation as above, the writ W.P.(C)No. 32255 of 2009 -3- petition is disposed of directing the respondents to keep in abeyance further steps of recovery on condition of the petitioners remitting the above said amount of settlement in three (3) equal monthly installments starting from 31.01.2010 and on or before the last day of two (2) succeeding months. The petitioners shall pay interest on the One Time Settlement amount, at the normal rate applicable to the loan account for the period from 01.01.2010 till 31.03.2010 on pro-rata basis. 5. It is made clear that on the event of default in payment of any one of the installments, the respondents will be at liberty to proceed with further steps of recovery for realisation of the entire arrears. C.K. ABDUL REHIM JUDGE shg/