IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 18866 of 2011(G) --------------------------------------- PETITIONER: ------------------- S. CHANDRANKUTTY, TC 24/1209 (NEW TC. 23/213(1), VALIYASALA, THYCAUD VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.G.P.SHINOD, SRI.RAM MOHAN.G. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOUSING (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA STATE HOUSING BOARD, SANTHI NAGAR, THIRUVANANTHAPURAM – 695 001. 3. THE SECRETARY, KEREALA STATE HOUSING BOARD, OFFICE OF THE KERALA STATE HOUSING BOARD, SANTHI NAGAR,THIRUVANANTHAPURAM – 695 001. 4. SPECIAL DEPUTY COLLECTOR (REVENUE RECOVERY), KERALA STATE HOUSING BOARD, SANTHI NAGAR,THIRUVANANTHAPURAM- 695 001. 5. THE ACCOUNTS OFFICER, DIVISION NO. 1, KERALA STATE HOUSING BOARD OFFICE, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER SRI. C.K. GOVINDAN, R2 TO R5 BY SRI. A. JAYASANKAR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18866/2011-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TREATMENT CERTIFICATE NUMBERED TC/08 DTD. 20/09/2008 ISSUED BY THE MEDICAL OFFICER-IN-CHARGE OF THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM. EXT.P.2: COPY OF THE EXPENDITURE CERTIFICATE DTD. 16/02/2010 ISSUED BY THE ADDITIONAL PROFESSOR, DEPARTMENT OF MEDICAL ONCOLOGY, REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM. EXT.P.3: COPY OF THE REPRESENTATION DTD. 25/03/2010 SUBMITTED BY THE PETITIONER TO THE HONOURABLE MINISTER OF KERALA FOR HOUSING. EXT.P.4: COPY OF THE LETTER NO.1855/A2/10/HOUSING DTD. 30/03/2010 ISSUED BY THE SECRETARY, HOUSING (A) DEPARTMENT, GOVERNMENT OF KERALA TO THE R.3. EXT.P.5: COPY OF THE SALE NOTIFICATION ISSUED BY THE R.4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 18866 of 2011 ================== Dated this the 14th day of July, 2011 J U D G M E N T The petitioner defaulted repayment of loan amounts taken from the Kerala State Housing Board. The petitioner could not repay the amount. His mother is afflicted with brain tumor and he had to spend considerable money for her treatment. While so, he was afflicted with cancer and he is now terminally ill. Respondents 2 to 5 have initiated recovery proceedings. In view of the pathetic financial condition of the petitioner, the petitioner is unable to pay the amount. That is why the petitioner has approached this Court. According to the petitioner, the Government has issued Ext.P4 direction to the Secretary of the Housing Board directing the Board to waive the interest and to permit the petitioner to pay the principal amount in instalments because of the illness of the petitioner. 2. The learned standing counsel for the Housing Board submits that in view of the poor financial condition of the Housing Board, the Housing Board cannot afford to forego the interest and, therefore, the Housing Board has already written to the Government against the proposal contained in Ext.P4. The Government has not so far replied to the same and, therefore, it is assumed that the Government has accepted the explanation of the Housing Board. 3. I have considered the rival contentions in detail. w.p.c.18866/11 2 4. No doubt the petitioner deserves sympathy. But on account of sympathy, I cannot pass a judgment contrary to law. I am of opinion that the Government cannot unilaterally direct the Housing Board to waive interest in a particular case on the ground of sympathy. It is a contract between the Housing Board and the petitioner. The Government cannot interfere with the same, for which the Government has no power under any provisions of law. Taking into account all the facts and lenient view, I dispose of this writ petition with the following directions: The 2nd respondent shall permit the petitioner to pay the balance amount due in twenty equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates without default, coercive proceedings for recovery of the amounts shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, 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. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.18866/11 3