IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 22722 of 2010(M) -------------------------- PETITIONER: --------------- M.P.CHACKOCHAN, S/O.M.C.POULOSE, MANGALATH PUTHENPURACKAL HOUSE, ATHIYODI P.O., PIN-673 527, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: --------------- 1. DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES, KOZHIKODE-673 001. 2. KERALA STATE FINANCIAL ENTERPRISES, KALLAI BRANCH, REP. BY ITS BRANCH MANAGER, KOZHIKODE-673 001. 3. SRI.M.P.JOY, S/O.M.C.POULOSE, MANGALATH PUTHENPURACKAL HOUSE, ATHIYODI P.O., PIN-673 527, KOYILANDY TALUK, KOZHIKODE DISTRICT. GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. = = = = = = = = == = = = == = = = = = = W.P.(C) No. 22722 OF 2010 = = = = = = = = == = = = = = = = = = = = = DATED THIS, THE 23RD DAY OF JULY, 2010. J U D G M E N T Petitioner, admittedly, is a defaulter in respect of dues payable to the respondents under some chitty loan. Since repayment was not effected as agreed and scheduled, respondents proceeded with coercive steps, pursuant to which the petitioner has satisfied some portion of the liability, by effecting payments at different points of time. Now the property, over which the mortgage has been created, is scheduled to be sold on 26.7.2010, as is seen from Ext.P5 notice dated 15.7.2010. Aggrieved thereby, petitioner has approached this Court challenging the sale stating that the sale proceedings are being pursued without any regard to the statutory requirements and in clear violation of the conditions to be followed before proceeding with the sale. Many a defect in the action with the sale proceedings is also pointed out in the writ petition seeking for immediate interference by this Court. 2. Learned standing counsel submits, on instruction, that the petitioner is a defaulter for quite a long time and in spite of granting various benefits and opportunities to clear off the dues, the same has not been made W.P.(C) 22722/2010 2 use of properly by the petitioner. Learned standing counsel also submits that Section 7 notice was issued twice and notice under Section 36 was also served upon the petitioner on 27.9.2009 and that all the proceedings have been pursued strictly in compliance with the provisions of law. Learned counsel brought to the notice of this Court that on an earlier occasion when similar proceedings were initiated against the petitioner, he chose to approach the concerned Minister, who, after considering the matter, has taken a lenient view and directed the petitioner to deposit Rs. 10,000/- towards the outstanding liability on or before 31.3.2010 and to clear off the balance amount by way of ten equal monthly instalments. After effecting payment of Rs. 2, 65,000/- as on 28.3.2010, petitioner did not effect any further payment at all and as on date, a total sum of Rs. 4,37,000/- is due from the petitioner. 3. Learned counsel for the petitioner submits that the plight of the petitioner is very pathetic and that the only source of his livelihood is the income derived from his profession as a conductor in a private bus, however, adding that the entire liability will be cleared, if reasonable time is given. 4. Taking note of the persistent submissions made by the learned counsel , petitioner is permitted to clear the entire outstanding amount by W.P.(C) 22722/2010 3 way of six equal monthly instalments, first of which shall be effected on or bfore the 20th of August, 2010, followed by similar instalments to be effected on or before the 20th of the succeeding months. Subject to this, the recovery proceedings taken and pursued against the petitioner shall be kept in abeyance. It is made clear that if any default is committed by the petitioner in effecting the instalments as above, the respondents will be at liberty to proceed with further coercive steps for realisation of the entire amount in a lump from the stage where it stands now. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON, (JUDGE) KNC/-