IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 27457 of 2008(R) -------------------------------------- (CMP.1476/2008 of C.J.M.,KOLLAM) PETITIONER: ------------------- HAMEEDKUTTY NISSAM, KUTTIYIL VILA KIZHAKKETHIL,KADAPPA, MYNAGAPPALLI.P.O, KARUNAGAPALLY.P.O, KOLLAM, NOW RESIDING AT C/O.AMAL MUHAMMED ABDULLA ALZAIN,P.O.BOX.NO.50444, ALHAFUF-31982,AL-HASSA,K.S.A,REP.BY P/A HOLDER LAILA BEEVI, KUTTIYIL VILA KIZHAKKETHIL, KADAPPA. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT: ---------------------- STATE BANK OF TRAVANCORE, REPRESENTED BY ITS CHIEF MANAGER, KARUNAGAPPALLY, KOLLAM. ADV. SRI.M.PATHROSE MATTHAI (SR.) ADV.SRI.SAJI VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27457 OF 2008 ------------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT The petitioner availed a housing loan of Rs.7.5 lakhs. That was released to him on 7.1.2006. The monthly repayment was to be at the rate of about Rs.8,000/- to Rs.8,500/-. He paid just five instalments and thereafter defaulted repayment. The Bank initiated action under the SARFAESI Act. Those proceedings were not challenged before the Debt Recovery Tribunal under the relevant provision. All that the petitioner did was to file a writ petition challenging the jurisdiction of the Chief Judicial Magistrate, when a bunch of matters raising that question was before the Division Bench. I have perused the paper book of that writ petition No.16691/08. Even at that point of time, no other grounds were raised, except on the question of jurisdiction of the Chief Judicial Magistrate. That writ petition found its waterloo along with the bunch matters. Thereafter, the petitioner filed this writ petition stating that he is prepared to pay the entire amounts in instalments and that the dispossession would result WPC.27457/08 Page numbers in the family being deprived of residence and hence, it would amount to violation of human rights. 2. Learned counsel for the Bank, on instructions, states that the construction of the building was not even completed and apparently, the funds were diverted and misused for purposes other than for which the amount was extended. The rate of interest applicable on the housing loan appears to be around 11% and commercial loan would carry a higher rate of interest. It is also stated that after the Commissioner deputed from the Magistrate's court visited the premises, the petitioner has undertaken to pay an amount of Rupees Five Lakhs on or before 20.9.2008 and the remaining amounts within a short period. Learned counsel for the Bank also submitted that the petitioner and his father are employed abroad and there is no reason to have any compassionate approach in the case in hand. The impugned action is in accordance with law and cannot be faulted on any jurisdictional ground or legal infirmity. The same therefore stands. WPC.27457/08 Page numbers Hence, it is directed that if the petitioner remits an amount of Rupees Five Lakhs on or before 20.9.2008, the Bank will give him 45 days' time to pay off the remaining amounts. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. // True copy // P.A.to Judge.