IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 19246 of 2008(N) -------------------------- PETITIONER: -------------- SMT.R.INDIRA, D/O.RADHAMMA, AGED 45 YEARS, RESIDING AT SASI VIHAR, T.C. 27/1783, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SMT.ANNAMMA ABRAHAM RESPONDENTS: ------------------ 1. THE SPECIAL TAHSILDAR (R.R), AKSHAYA COMPLEX, K.S.F.E.LTD, NEYYATTINKARA. ADDL.R2. THE BRANCH MANAGER, KSFE MAIN BRANCH, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. (ADDL.R2 IMPLEADED AS PER ORDER IN IA 8254/08 DT 27/6/08. BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD FOR ADDL.R2 SRI.M.L.SAJEEVAN, SC FOR KSFE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 19246 OF 2008 N ==================== Dated this the 7th day of July, 2008 J U D G M E N T Petitioner is a defaulter to the respondent. When recovery proceedings were initiated, petitioner moved the Government and by Ext.P5 order, she was permitted to pay the amount due in 30 equal monthly instalments. Ext.P5 order contains a default clause enabling the respondent to proceed with the recovery proceedings in the event of non compliance with the terms of the said order. Admittedly, default was committed and thereupon recovery proceedings were again initiated and that resulted in Ext.P6. In terms of Ext.P6, the property offered as security is proposed to be sold on 19th of July 2008. It is at that stage, this writ petition is filed, where the petitioner again prays that she may be granted the benefit of instalments, which was granted by the Government in Ext.P5. 2. I do not see any merit in this prayer now made by the learned counsel for the petitioner. Admittedly, when default was committed, at her request Government granted facility of instalment by Ext.P5 so that the petitioner could avoid coercive action against the property. Again WPC 19246/08 :2 : default was committed and in terms of the enabling provisions of Ext.P5 order itself recovery proceedings were continued and that led to the sale now scheduled to 19th of this month. Since it was only on account of her default that the sale has been scheduled, I see no justification in the prayers made by the petitioner in this writ petition. 3. However, having regard to the fact that petitioner says that she wants to avoid the sale and liquidate the liability, I direct that if petitioner makes a payment of 50% of the amount due before 19/7/08, the sale now scheduled as per Ext.P6 will be deferred. It is directed that the balance amount shall be paid by the petitioner within 4 weeks thereafter. It is clarified that in case payment is not made as above, the respondent will be free to continue the proceedings. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp