IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 13875 of 2008(B) -------------------------------------- PETITIONER: ----------------- RADHAKRISHNAN C.R., S/O.RAMAN, CHARUVIL HOUSE, SANTHOSH NAGAR, P.O.MANNUTHY, THRISSUR DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ---------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, AYYANTHOLE, THRISSUR. 3. THE ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, THRISSUR. 4. THE DISTRICT COLLECTOR, THRISSUR. BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB - R1 TO R3 SRI.A.JAYASANKAR, SC KSHB, TVM - R1 TO R3 GOVT.PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.13875/2008 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF THE NOTICE NO.HH-74 DATED 22.01.2008 IN FORM NO.24 SENT BY THE 3RD RESPONDENT TO THE PETITIONER EXT.P2:- TRUE COPY OF THE PROCEEDINGS NO.H.H.-74 DATED 22.01.2008 SENT BY THE 3RD RESPONDENT TO THE PETITIONER EXT.P3:- TRUE COPY OF THE LETTER NO.H.H.-74 DATED 22.01.2008 SENT TO THE 4TH RESPONDENT BY THE 3RD RESPONDENT EXT.P4:- TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4 ON 29.02.2008 EXT.P5:- TRUE COPY OF THE LETTER NO.H.H.-74 DATED 07.03.2008 SENT BY THE 3RD RESPONDENT TO THE PETITIONER'S ADVOCATE. RESPONDENTS EXHIBITS:- EXT.R1(A):- TRUE COPY OF MORTGAGE DEED NO.101/1993 EXT.R1(B):- TRUE COPY OF STATEMENT OF ACCOUNTS FOR LOAN CLOSING -TRUE COPY- P.A. TO JUDGE pac S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.13875 OF 2008 ---------------------------------------- Dated this the 5th day of June, 2008 JUDGMENT The petitioner in this writ petition availed of a housing loan from the Kerala State Housing Board. He is now challenging recovery proceedings. At the time of admission, I had granted an interim stay on condition that 1/3rd of the amount demanded is paid within one month. It is reported that the said amount has been paid. The petitioner now only seeks facility to pay balance amount in instalments. 2. I have heard the learned Standing Counsel appearing for the Kerala State Housing Board also who opposes the prayer. However, taking a lenient view, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay the balance amount in ten equal monthly instalments starting from 1.7.2008. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays instalments in time without default, further revenue recovery proceedings shall be kept in abeyance. However, if the petitioner W.P.(c)No.13875/08 2 commits default in payment of any one instalment, the respondents shall continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE Acd