IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 16859 of 2008(F) -------------------------- PETITIONER: --------------- SUDHAKARAN, S/O.GANGADHARAN, THEKKEVILAKOM (KARIPPOTUVILAKOM), KULATHOOR, ATTIPRA VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.WILSON URMESE RESPONDENTS: ------------------ 1. THE DEPUTY TAHASILDAR, RR NO.1, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 2. THE ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, DIVISION OFFICE, THIRUVANANTHAPURAM. BY ADV.SRI.POOVAPPALLY M.RAMACHANDRAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 16859 OF 2008 F = = = = = = = = = = = = = = = = = Dated this the 6th June 2008 J U D G M E N T The challenge in this writ petition is against the recovery proceedings initiated against the petitioner which has resulted in Ext. P4, attaching the movables in his house. Petitioner does not dispute the liability to pay and also confesses that there has been default on his side in repaying the amount that is due. 2. I heard counsel for the respondents who points out that the petitioner is a confessed defaulter and that the Housing Board is eminently justified in initiating recovery proceedings. 3. True, the petitioner is a defaulter and as already noticed, the liability is also not in dispute. All that is sought for now before me is an instalment facility to discharge the liability. Having regard to the above and as the recovery proceedings have progressed this far, I direct that if the petitioner remits 1/3rd of the amount that is due in terms of Ext. P4, within 2 weeks, the attachment effected by Ext. P4 will be lifted. It is also directed that once payment is made W.P.(C) No. 16859 OF 2008 -2- as above, the petitioner will be permitted to pay the balance amount in 5 equal monthly instalment. Of the five instalments as above, the 1st instalment will be paid by the petitioner before 30th July, 2008 and the subsequent instalments will be paid before the 30th of every succeeding month. It is clarified that in case the petitioner commits default in paying any one of the instalments as above, the respondents will be free to continue the proceedings that they have initiated. ANTONY DOMINIC JUDGE jan/-