IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 1273 of 2009(B) -------------------------------------------- PETITIONER(S): ---------------------- C.K.THIRUMALA @ JANAKI, W/O.BALAN, RESIDING AT CHERIYAKONGATTUMEETHAL, ERAVATTUR, PERAMBRA, KOZHIKODE DISTRICT. BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): ------------------------- 1. THE KERALA STATE HOUSING BOARD, HEAD OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE KERALA STATE HOUSING BOARD, KOZHIKODE BRANCH, REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT COLLECTOR, KOZHIKODE 4. THE TAHSILDAR (R.R), VADAKARA, KOZHIKODE R1 & R2 BY SHRI M. RAMACHANDRAN NAIR, SC. R3 & R4 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 1273 OF 2009 B -------------------------------------- Dated this the 13th January, 2009 JUDGMENT Heard the learned counsel appearing for the parties. 2. Petitioner availed a housing loan from the second respondent. Petitioner is faced with Ext.P3 notice of sale of the immovable property. It is pointed out that the petitioner's son is suffering from serious mental disorder and her husband is declared to be a man of no means and the petitioner is not in a position to repay the amount. It is the residential property of the petitioner and the petitioner and her family will be ousted from the residential property if the sale goes through. Learned standing counsel would point out that the petitioner was earlier given instalment facility, but after paying some amounts, there was default and no amount is forthcoming for the past eight years. Learned counsel for petitioner has a case that the petitioner may not be liable to pay the amount shown in Ext.P3. 3. Having regard to the totality of facts, I feel that the WPC.1273/09 B 2 petitioner can be given one more opportunity to retain the property by permitting the petitioner to pay the amount in instalments. Petitioner is permitted to pay the entire amount due in eleven instalments after payment of Rs.50,000/=(Rupees Fifty Thousand) before the time of sale. Accordingly, the Writ Petition is disposed of as follows: Proceedings pursuant to Ext.P3 will be kept in abeyance on condition that the petitioner pays a sum of Rs.50,000/= (Rupees Fifty Thousand) before the time of sale mentioned in Ext.P3 and further pays off the balance amount remaining to be paid vide Ext.P3 in eleven equal monthly instalments, the first of which shall be payable on or before 15.2.2009 and the remaining instalments on or before the 15th of every succeeding month. If the petitioner does not pay Rs.50,000/= (Rupees Fifty Thousand) before the time of sale or any of the instalments, the petitioner will lose the benefit of this Judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. If the petitioner pays Rs.50,000/= (Rupees WPC.1273/09 B 3 Fifty Thousand) as aforesaid, the first respondent will serve a Statement on the petitioner within two weeks from 15.1.2009 showing the exact amount of instalments to be paid in terms of this Judgment. K. M. JOSEPH, JUDGE kbk.