IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21044 of 2007(E) -------------------------- PETITIONER: ------------ S.MOLLY, W/O. VIJAYAKUMAR, NAKKARA VEEDU, VEERANAKKAVU VILLAGE, POOVACHAL POST, KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS BRANCH MANAGER, PAPPANAMCODE BRANCH, THIRUVANANTHAPURAM. 2. THE SPECIAL DEPUTY TAHSILDAR (R.R.), KERALA STATE FINANCIAL ENTERPRISES LTD., REGIONAL OFFICE, SILVER JUBILEE BUILDINGS, STATUE, THIRUVANANTHAPURAM. BY ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: DT.16.12.2003, TRUE COPY OF JUDGMENT IN WPC NO.39385/03. P2: DT.26.9.2005, TRUE COPY OF THE MEDICAL CERTIFICATE. P3: DT. NIL, TRUE COPY OF THE NOTICE NO.SDT(TVM)3762/03. P4: DT.20.11.2001, TRUE COPY OF DEMAND NOTICE. P5: DT.20.11.2001, TRUE COPY OF DEMAND NOTICE. P6: DT.2.1.2002 TRUE COPY OF COMMUNICATION RECEIVED BY PETITIONER. P7: DT.21.12.2005, TRUE COPY OF COMMON JUDGMENT IN O.P. NO.12687/2002, WPC 29661/2005 AND WPC 34864/2005. P8: DT.7.2.2006 TRUE COPY OF DEMAND DRAFT NO.626408. P9: DT.7.1.2006, TRUE COPY OF REPRESENTATION BY PETITIONER. P10: DT.8.1.2006, .DO. P11: DT.18.1.2006, .DO. P12: .DO.10.2006, .DO. P13(a): DT.7.7.2006, TRUECOPY OF RECEIPT NO.51, FOR PAYMENT OF MONEY. P13(b): DT.18.9.2006, .DO. NO.63 FOR .DO. P13(c): DT.31.10.2006, .DO. NO.51, .DO.10 P13(d): DT.5.12.2006, .DO. P13(e): DT.17.1.2007, .DO. P13(f): DT.13.4.2007, .DO. P13(g): DT.22.5.2007, .DO.10 P14: DT.17.1.2007, TRUE COPY OF STATEMENT FURNISHED TO THE PETITIONER. P15: DT.23.2.2007, TRUE COPY OF REPRESENTATION MADE BY THE PETITIONER. P16: DT.NIL, TRUE PHOTOGRAPH OF THE NOTICE. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.21044 of 2007 .................................................................... Dated this the 18th day of July, 2008. JUDGMENT The petitioner is in huge arrears of above Rs.4 lakhs due to KSFE. When the W.P. came up for admission, this court felt that since liability is admitted, petitioner should be made to settle liability atleast in instalments. Interim order passed on 24.7.2007 was to remit instalments at the rate of Rs.25,000/- per month. In the course of an year, petitioner has remitted only four instalments and committed default in payment of eight instalments. Consequently, KSFE has proposed to sell the property. Counsel for the petitioner submitted that petitioner should be granted easy instalments by reducing the instalment amount to clear the arrears. However, petitioner has not furnished details of monthly income to clear the arrears of instalments. The petitioner has proved her incapacity to clear the arrears in instalments because earlier interim order was violated systematically. Therefore, I reject the request for instalment facility. However, I feel petitioner should be given an opportunity to settle liability by sale of her property or even by raising other loans, if she so desires. If petitioner sells her property, whether in part or full, it may fetch a better price that what it 2 would, if sold in recovery proceedings by KSFE. Therefore, petitioner is granted three months time from today to settle liability by arranging sale of property or otherwise, but with a condition that if petitioner does not settle liability within three months from now, petitioner will hand over possession of the mortgaged property to the second respondent for sale in auction. If petitioner neither settles liability nor hands over possession to the second respondent within three months, then respondents can move this court for initiating contempt against the petitioner besides physically taking over the property and selling the same in recovery proceedings. If petitioner settles liability within three months as stated above, then there will be direction to the respondents to waive the penal and default interest charged. However, the respondents can charge agreed rate of interest at compounded rate in terms of the agreement. C.N.RAMACHANDRAN NAIR Judge pms