IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 12682 of 2011(I) ---------------------------------------- PETITIONER(S): ------------------------- BALACHANDRAN, AGED 43 YEARS, S/O. KUDRUPPU, POKKADATH HOUSE, KUTTILIPPARAMBU HOUSE, KOLAKKATTUCHALI, P.O.CHELAMBRA - 673 634. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): -------------------------- 1. PARAPPANANGADI REGIONAL HOUSING CO-OPERATIVE SOCIETY LTD., P.O. PARAPPANANGADI, REPRESENTED BY ITS SECRETARY - 676 303. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TIRUR, MALAPPURAM - 676 505. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM - 676 505. R1 BY ADV. SRI.V.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12682/2011 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE MEDICAL BOARD DTD. 30/10/2003. P2: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT BEARING NO.1652/09/B DTD. 27/02/2010. P3: COPY OF THE PETITION FILED BY THE 1ST RESPONDENT BEFORE THE SUB JUDGE, TIRUR AS E.P.NO.19/2011 DTD. 30/11/2010. P4: COPY OF THE ORDER DTD. 24/03/2010 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 12682 OF 2011 ----------------------------------------------------------- Dated this the 12th July, 2011. JUDGMENT The petitioner is a physically disabled person whose disability has been assessed at 80% as per Ext.P1. He had availed a housing loan of Rs.1 lakh from the first respondent – society. The loan amount was to be repaid in equated monthly instalments. However, due to financial difficulties, the petitioner could not regularly pay the instalments and they fell into arrears. 2. In the above circumstances the society initiated action for recovery of the amount due. An award was passed in favour of the society in the year 2005. As per Ext.P2, the property was brought to sale and auctioned on 18-4-2009. The first respondent society purchased the property and sale certificate was issued to them in February 2010. The first respondent society has thereafter filed Ext.P3 execution petition seeking delivery of the property, which is pending. 3. The limited submission of counsel for the petitioner before me is that the petitioner is ready and willing to pay the entire amount due to the first respondent – society in instalments. He also prays for stay of the execution proceedings to facilitate such WPC 12682/2011 2 payment by instalments. The prayer of the counsel for the petitioner is opposed by the counsel for the first respondent pointing out that the award against the petitioner is of the year 2005 and that the property was sold as early as on 18-4-2009. Though notices and other communications were issued to the petitioner periodically, he had not made any effort to pay off the debt. It is also submitted that the total liability of the petitioner as on today is more than Rs. 2,15,000/-. Therefore, if the said amount is paid in a lump the bank is ready to forgo its claim over the property of the petitioner. 4. Counsel for the petitioner however submits that it is not possible for the petitioner to raise the entire amount and to pay the same in a lump. Therefore, he prays for another chance to save his property by permitting him to pay the entire amount in instalments, to be fixed by the Court. Considering the pathetic condition of the petitioner and the nature of the offer that is put forward, I feel that the petitioner can be permitted to pay the entire amount due, in four instalments. However, he would have to prove his bonafides by making an initial payment, within three weeks. WPC 12682/2011 3 5. In the result; a) This writ petition is disposed of directing the petitioner to pay the entire amount due to the first respondent – society in four monthly instalments commencing from 29-7-2011. On or before the said date, the petitioner shall make payment of an amount of Rs.50,000/- (Rupees fifty thousand only) to show his bonafides. b) If the said amount is paid, all further proceedings in Ext.P3 execution petition, EP 19/2011 in ARC 3549/2009 of the Sub Court, Tirur, shall remain stayed. The balance amount payable by the petitioner to the first respondent shall be paid in three equal monthly instalments thereafter, each instalment falling due on the last working day of each succeeding month thereafter. c) The first respondent – society shall furnish to the petitioner the details of the balance amount due and payable by him on payment of the third instalment. On payment of the last instalment due to the first respondent – society, the sale conducted as per Ext.P2 shall stand set aside. It is made clear that if the petitioner does not make payment of the initial amount of Rs.50,000/- before 29-7-2011 or commits default of any of the WPC 12682/2011 4 instalments due thereafter, all these directions shall stand automatically revoked. d) It is further directed that the first respondent – society shall make available to the petitioner any concessions to which he is eligible in law, in accordance with Ext.P4. K. SURENDRA MOHAN Judge jj WPC 12682/2011 5