IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10213 of 2008(N) -------------------------------------- PETITIONER: ------------------ THANDAN VALAPPIL MARAKKAR, S/O. KUNHEENKUTTY, NADUVATTOM AMSOM, CHELLOOR DESOM, P.O. PAZHUR, TIRUR TALUK. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ----------------------- * KERALA CO-OPERATIVE AGRICULTURAL LAND DEVELOPMENT BANK, TIRUR, REPRESENTED BY ITS SECRETARY. * CAUSE TITLE IS AMENDED AS PER ORDER DATED 31/03/2008 IN IA NO. 4520/2008 AS FOLLOWS: KERALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, TIRUR, REP. BY ITS SECRETARY BY GOVERNMENT PLEADER SRI. T.R. HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.10213 of 2008 ================================== Dated this the 31st day of March, 2008. JUDGMENT Petitioner availed a housing loan. On default, the hypotheca has been brought to sale. The present outstandings are more than Rs.8,48,472/-. There is no jurisdictional error or legal infirmity in the impugned proceedings. After arguing the matter for quite sometime, learned counsel for the petitioner confines his submissions to a request that the petitioner may be permitted to pay off the outstandings in instalments by availing any beneficial scheme. In the aforesaid circumstances, after hearing the learned counsel for the petitioner, this writ petition is disposed of directing that distress action shall be withheld if the petitioner remits at the rate of Rs.2,00,000/- per month, payable on WPC10213/2008 -:2:- or before the 20th of every month commencing from April, 2008 and thereby liquidates the entire outstandings, however that, the petitioner will be at liberty to move the bank for any ameliorative reliefs that may be available and this judgment would not stand in the way of the bank in extending any such benefit. Such application, if made after depositing two instalments in terms of this judgment, shall be considered and a decision communicated within a period of 15 days thereafter. Thottathil B.Radhakrishnan, Judge. sl. 1-4-2008