IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4464 of 2010(G) ------------------------- PETITIONER(S): --------------- URUMBIL LISSAMMA, W/O.JOSE URUMBIL VELLAD, THALIPARAMBA. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): --------------- 1. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, KERALA STATE HOUSING BOARD, TRIVANDRUM. 2. ASSISTANT SECRETARY, KERALA STATE HOUSING BOARD, PILATHARA BRANCH OFFICE, KANNUR. 3. DEPUTY COLLECTOR & CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD TRIVANDRUM. 4. THE VILLAGE OFFICER, VELLAD VILLAGE, THALIPARAMBA TALUK, KANNUR DISTRICT. STANDING COUNSEL SRI.A.JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 4464 of 2010 -------------------------------------- Dated, this the 11th day of February, 2010 J U D G M E N T The petitioner is aggrieved of the Revenue Recovery proceedings initiated against her, invoking the machinery under the Revenue Recovery Act, at the instance of the respondents. 2. The petitioner had availed Rs.1.8 lakhs in the year 1995 in connection with the construction of a house. Even though the petitioner has effected a total payment of Rs.1.4 lakhs, much amount is still to be cleared even according to the petitioner and the default is stated as never because of any wilful negligence or laches but because of some unforeseen circumstances. The learned counsel for the petitioner submits that the only prayer in the Writ Petition is limited to give some breathing time to clear the liability by way of reasonable instalments. 3. Heard the learned standing counsel for the first respondent as well, who submits that, as borne by Exts.P4 and P5, a total sum of more than Five lakhs rupees with further interest and other charges are still due. The learned counsel for the petitioner submits that the petitioner is ready and willing to clear the entire liability, as aforesaid by way of instalments. WP(C) No.4464/2010 2 4. In the above facts and circumstances, the petitioner is directed to deposit a sum of Rs.1.5 lakhs within one month and the balance amount shall be cleared by way of ‘four’ equal monthly instalments, the first of which shall be effected on or before the 10th of April, 2010, to be followed by similar instalments to be effected on or before the 10th of the succeeding months. Subject to the above, all further recovery proceedings shall be kept in abeyance. It is also made clear that if any default is committed by the petitioner in satisfying the amount as above, the respondent Bank will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc