IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25113 of 2008(M) ------------------------------------ PETITIONER: ---------------- K.P.GOPALAN, S/O.KANARAN, PADINHARE EROTH VEEDU, KEEZHUR P.O., KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: --------------------- 1. THE MEPPAYUR CO-OP. HOUSING SOCIETY LIMITED NO.D 1932, MEPPAYUR P.O., KOZHIKODE DIST. REPRESENTED BY ITS SECRETARY. 2. ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE. SRI.T.R.HARIKUMAR & SRI. V. G.ARUN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20 /08 /2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO. 25113 OF 2008 (M) ---------------------------------------------------------------- Dated this the 20th day of August, 2008 J U D G M E N T Having heard the learned counsel for the petitioner and Adv.Sri.T.R.Harikumar on behalf of Kerala State Co-operative Housing Federation, notice to the first respondent is dispensed with, preserving its right to move for review of this judgment, if aggrieved. 2. Petitioner availed a housing loan with a repayment period of ten years. He defaulted in repayment. That led to proceedings for recovery. His residence and site is listed for sale on 21-8-2008 for a total outstandings of Rs.1,62,278/-. Having regard to the various circumstances pleaded in this writ petition and because the loan period would not have been over, had the petitioner been paying the instalments in time, this writ petition is ordered directing that the impugned sale will stand W.P.(C) No.25113/2008 - 2 - deferred on condition that the petitioner deposits at the rate of Rs.20,000/- per month payable on or before the last working day of every month commencing from August, 2008 and thereby wipes off the entire outstandings including accruals. Since the original loan period is not yet over, any request of the petitioner to waive any portion of penalty etc. would be considered sympathetically by the second respondent on payment of five among the aforesaid instalments. If there is default in remitting any of the instalments as afore-directed, the second respondent need not give any ameliorative benefits to the petitioner and the writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action, without any notice to the petitioner. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/20/8 // True copy // P.A. to Judge.