IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 35972 of 2010(V) -------------------------- PETITIONER:- ------------------ LILLY BHAI, AGED 55 YEARS, D/O.ANANDA BHAI, AJITHA BHAVAN, KEEZHMOONCODE, THEKKUPARA, VELLARADA, AMBOORI VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENTS:- ---------------------- 1. THE MANAGER, THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM BRANCH, THIRUVANANTHAPURAM DISTRICT. 2. THE SPECIAL DEPUTY COLLECTOR(R.R.), THE KERALA STATE HOUSING BOARD, SANTHI NAGAR, THIRUVANANTHAPURAM. ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = = WP(C).No.35972 of 2010-V. = = = = = = = = = = = = = Dated this the 5th January, 2011. J U D G M E N T Challenge in this writ petition is against revenue recovery proceedings initiated on the basis of Ext.P1 notice of attachment of immovable property issued, for recovery of amounts due under a housing loan availed by the petitioner from the first respondent. Consequent default committed in repayment, the first respondent initiated recovery proceedings by invoking provisions contained under the Kerala Revenue Recovery Act. 2. Even though various contentions are raised, I find no legally tenable grounds to declare that the impugned steps of recovery initiated is bad in law or is unsustainable in any manner. 3. However, as a gesture of indulgence, when this writ petition came up for admission, further coercive steps were stayed, subject to condition of the petitioner remitting WP(C).No.35972 of 2010-V. 2 an amount of Rs.75,000/-. It is submitted by the learned counsel for the petitioner that the stipulation has already been complied with. He further makes an appeal to this Court to permit to make payment of the entire balance outstanding, within a reasonable time, on the basis of an undertaking that the petitioner is relinquishing all challenges against the proceedings. 4. Heard; Sri.Poovappally M.Ramachandran Nair, learned counsel for the first respondent. It is submitted that the loan in question was availed as early as in the year 1993 and the petitioner has committed consecutive default in payment of the monthly instalments. Since the amount is in arrears for quite a long period, the first respondent is not favouring in permitting payments of the balance outstanding through instalments. 5. Considering the rival submissions, I am of the view that, the writ petition can be disposed of directing the petitioner to pay the entire amounts along with interest and expenses if any due, within a reasonable time, in WP(C).No.35972 of 2010-V. 3 instalments. 6. Hence the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps initiated pursuant to Ext.P1 notice, subject to condition of the petitioner remitting the entire balance amount outstanding in 6 (six) equal monthly instalments, falling due on or before 13.1.2011 and on or before the last day of the succeeding months. 7. It is made clear that on the event of default in payment of any of the instalments as stipulated above, the respondents will be free to proceed with further steps on the basis of notice already issued and on such event the petitioner will be precluded from raising any challenge against such proceedings. C.K.ABDUL REHIM, (Judge) Kvs/-