IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 W.P.(C).No. 21548 of 2008(M) ----------------------------------- PETITIONER: SHYLAJA BEEVI, W/O. ABDUL SAMAD, KOLLASERI HOUSE, EDAKKULANGARA P.O., THODIYOOR VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN SMT.SURYA SASI RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENTIN THE DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE THAHSILDAR, KARUNAGAPALLY. 4. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM 5. BRANCH MANAGER, KERALA STATE HOUSING BOARD, KARUNAGAPALLY BRANCH OFFICE, PADANAYRKULAPPURA SOUTH, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. A. JAYASANKAR, SC FOR KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 21548 OF 2008 M = = = = = = = = = = = = = = = = = Dated this the 17th day of July 2008 J U D G M E N T Petitioner had availed of a loan from the 5th respondent branch of the 4th respondent. Admittedly default has been committed and that led to the revenue recovery proceedings initiated against the petitioner under Ext. P6. Though in this writ petition, contentions on the invalidity of the recovery proceedings have been raised, learned counsel for the petitioner is confining the petitioner's prayer to one for an instalment facility to discharge the liability. 2. I heard the Standing Counsel who entered appearance on behalf of respondents 4 and 5 as well. 3. Having regard to the limited nature of the reliefs sought for by the petitioner, I feel, the petitioner should be given an instalment facility to discharge the liability and avoid coercive action pursuant to Ext. P6. 4. Accordingly, the writ petition is disposed of directing that W.P.(C) No. 21548 OF 2008 -2- the loan which is sought to be recovered from the petitioner shall be paid in 8 equal monthly instalments. Payment shall be made directly to the 5th respondent and the first instalment will be payable on or before 30.7.2008. It is directed that the balance instalments will also be paid by the petitioner on or before 30th of every succeeding month. It is clarified that subject to such payment further proceedings pursuant to Ext. P6 will stand deferred and in case any default is committed in paying any one of the instalments, the respondents will be free to continue the proceedings pursuant to Ext. P6 without further notice. ANTONY DOMINIC JUDGE jan/-