IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH NOVEMBER 2007 / 6TH AGRAHAYANA 1929 WP(C).No. 34048 of 2007(C) -------------------------- PETITIONER: -------------- SASEENDRAN NAIR,EDAVILAKATHU VEEDU NEDUMANOOR, PUNALAL P.O., VELLANAD, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SMT.SREEDEVI KYLASANATH RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY CO-OPERATIVE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR CO-OPERATIVE SOCIETIES, KERALA THIRUVANANTHAPURAM. 3. THE ARBITRATOR CUM SALES OFFICER KERALA STATE CO-OPERATIVE HOUSING FEDERATION, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE ADV. SRI.A.K.CHINNAN SMT.SUSAL A. CHINNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN,J ===================== W.P.(C).No.34048 of 2007 =========================== Dated this the 27th day of November, 2007 JUDGMENT The petitioner borrowed a sum of Rs.25,000/- as Housing Loan from the Nedumangad Housing Co-operative Society. The same has not been repaid. The Special Arbitrator-cum-Sales Officer of the Kerala State Housing Federation demanded payment of the outstanding amounts totalling Rs.27,735/- with interest @ 12.75% on Rs.25,000/- from 26.09.2005. Petitioner did not availed of the One-Time-Settlement facility when the scheme for the purpose was in force. Therefore, the respondent initiated recovery proceedings for recovery of the outstanding amounts. The petitioner is challenging recovery proceedings which have culminated in sale of attached properties belonging to the petitioner. Petitioner now confines his relief for facility to pay the amount in instalments. 2. I have heard the learned counsel for the petitioner and also the standing counsel appearing for the Kerala State Co- operative Housing Federation. The standing counsel stoutly opposes the prayer. According to him, the petitioner has not W.P.(C).No.34048/2007 2 availed of any opportunity extended to him for payment of the amounts, as such it is too late now for the petitioner to seek instalment facility is the contention raised. 3. Taking into account the facts and circumstances of the case, I am of the opinion that some leniency can be shown to the petitioner in the matter of payment of the amounts in instalments. Accordingly, the petitioner shall pay the outstanding amounts due in six equal monthly instalments starting from 15.12.2007. Every subsequent instalment shall be paid on the 15th working day of every succeeding month. If the petitioner pays the instalments in time further recovery proceedings shall be kept in abeyance. However, if the petitioner fails to pay any one instalment it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. The writ petition is disposed of accordingly. S.SIRI JAGAN, JUDGE dvs