IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WA.No. 800 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.33074/2008 Dated 18/02/2009 .................... APPELLANT/PETITIONER ------------------------------------ P.K. JAMALUDHEEN, S/O. KANI RAUTHWER, AGED 56 YEARS, RESIDING AT PARACKAL HOUSE, PALLIPADU VILLAGE, NANGIARKULANGARA.P.O, HARIPAD. BY ADV. SRI.T.R.RAMADASAN SRI.C.RAJENDRAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE LIC HOUSING FINANCE LTD., AREA OFFICE, CHITOOR TOWERS, BAKERY JUNCTION, UNIVERSITY.P.O, THIRUVANANTHAPURAM - 34, REPRESENTED BY ITS AREA MANAGER. 2. V. VIJAYAKUMAR, ADVOCATE COMMISSIONER, ADVOCATE, ALAPPUZHA. R1 BY STANDING COUNSEL SRI.R.S.KALKURA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A No. 800 of 2009 ------------------------------------------ Dated, this the 7th day of April, 2009 JUDGMENT Kurian Joseph, J. Appellant is the petitioner in the writ petition. He approached this Court aggrieved by the recovery steps initiated by the first respondent. Learned counsel appearing for the first respondent submitted that during the pendency of the writ petition and the writ appeal, steps have been taken to regularize the loan account. It is also submitted that as a special case additional interest has been waived and the appellant/petitioner need only pay the equated monthly instalments by the expiry of the original loan period and the equated monthly instalments are to be paid from March, 2009 onwards. 2. Having heard learned counsel for the appellant and considering the entire facts and circumstances of the case, we W.A. No.800 of 2009 - 2 - dispose of the writ appeal with a direction that on regularization of the loan account, the appellant shall pay the equated monthly instalments from May, 2009 onwards. A statement of account to that effect will be furnished to the appellant within a period of two weeks from today. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns