IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 30678 of 2010(H) --------------------------------------- PETITIONER(S): ----------------------- VINOD.T., S/O. D.THAKAPPAN, PADMA HOUSE KULLATHENKARA, PEYAD.P.O,TRIVANDRUM. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S): ------------------------- 1. SPECIAL DEPUTY TAHSILDAR (R.R), KSFE LTD. AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA,TRIVANDRUM.PIN- 695 002 2. KERALA STATE FINANCIAL ENTERPRISES H.P.UNIT MEDICAL COLLEGE, THIRUVANANTHAPURAM. PIN- 695 002 R1 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R2 BY ADV.SRI.M.L. SAJEEVAN, SC FOR KSFE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.30678 of 2010 ------------------------------------------- Dated this the 8th day of November, 2010 J U D G M E N T ---------------------- Challenge in this writ petition is against the revenue recovery steps initiated for realisation of amount due under a housing loan availed by the petitioner from the 2nd respondent. Eventhough various disputes were raised regarding correctness of the amount under demand, I am of the view that such dispute could not be resolved in this proceedings. According to the petitioner, inspite of approach made by him requesting sufficient time for payment of the balance amount in a phased manner, the respondents 1 and 2 had not considered such request and coercive steps were being pursued. 2. When the writ petition came up for admission on 6.11.2010, as a gesture of indulgence, this court stayed further proceedings of recovery steps subject to W.P.(C).30678/10-H -2- the condition of the petitioner remitting a sum of Rs.40,000/- within two weeks. It is submitted by the learned counsel for the petitioner that the amount stipulated had already been paid. Eventhough the matter was posted for instruction of Standing Counsel appearing for the 2nd respondent, no pleadings has been filed till date. Learned counsel appearing for 1st respondent submitted that the petitioner had remitted an amount of Rs.40,000/- on 18.10.2010. It is also submitted that balance amount outstanding is Rs.2,69,693/-. The learned counsel for the petitioner seeks indulgence of this court in permitting payment of the entire balance in a phased manner, in installments. 3. Having considered the facts and circumstances of the case, I am of the opinion that interference on merits with respect to the proceedings is not at all warranted. However, considering the request made by the petitioner, I am of the view that the petitioner can be permitted to remit the entire balance amount outstanding, in installments within a reasonable time. W.P.(C).30678/10-H -3- 4. Accordingly the writ petition is disposed of directing the respondents to keep in abeyance further coercive steps of recovery pursuant to Ext.P1 and P2 notices, provided the petitioner remits the entire balance outstanding along with interest if any due, in 5 (five) equal monthly installments, falling due on or before 30.11.2010 and on or before the last day of the succeeding months. 5. It is made clear that on the event of default in payment of any one of the installments the respondents will be at liberty to proceed with further steps and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb