IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 18496 of 2009(F) -------------------------- PETITIONER(S): --------------- A.POCKER, AYANOTH HOUSE,P.O. IRINGATH, PAYYOLI, QUILANDY TALUK. BY ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENT(S): --------------- 1. KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, CHEROOTTY ROAD, KOZHIKODE -32. 3. THE SPECIAL DEPUTY TAHSILDAR, (REVENUE RECOVERY) QUILADY. ADV. SRI.K.P.HARISH,SC,KERALA KHADI BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).18496/2009 ....................... Dated this the 16th day of June, 2009 JUDGMENT Petitioner availed a loan from the Khadi and Village Industries Board. Repayment of the loan was defaulted. Petitioner has also created a mortgage over the property belonging to him. 2. Recovery steps have been taken at the instance of the respondent and the writ petition has been filed inter alia praying for a direction to the respondents to grant the petitioner waiver of interest and penal interest. Board has filed a statement affirming that the petitioner is not entitled to any waiver of interest. According to them, the total amount due as on 1.7.2009 is Rs.25,12,722/-. 3. Learned counsel for the petitioner submits that the petitioner shall pay the amount due if instalment facility is given to him. Accordingly , petitioner shall be permitted to pay the amount due in ten equal monthly instalments, commencing from 17.8.2009. If there is any default in two W.P.(C). 2 consecutive instalments, this facility shall stand withdrawn and the respondents shall be entitled to proceed to enforce the recovery certificate in accordance with law. 4. In spite of this judgment, if a motion is made by the petitioner for any remission of interest, this judgment shall not stand in the way of Ext.P6 being considered by the respondents. The petitioner may pursue Ext.P6 and the respondents may take a decision on the request made by the petitioner for a concession in the rate of interest and waiver of interest. Ext.P7 shall be enforced only subject to the facility for instalments granted herein. Writ petition is disposed of as above. V.GIRI, Judge mrcs