IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 741 of 2011(P) ----------------------------------- PETITIONER: ------------------- P.VENUKUMAR, S/O. O.N.PRABHAKARAN PILLAI, AGED 52 YEARS, ODAMPARAMBATH, ERATTUPETTA-2. BY ADVS. SRI.C.A.CHACKO, SRI.N.A.SHAFEEK, SRI.M.S.UNNIKRISHNAN (OASIS). RESPONDENTS: ------------------------ 1. THE SENIOR MANAGER, K.S.F.E L.T.D,"BHADRATHA"REGISTERED OFFICE, MUSEUM ROAD, P.B.NO-510 THRISSUR-680 020 2. THE BRANCH MANAGER, K.S.F.E. LTD., M.D.C. CENTRE, K.K.ROAD, KOTTAYAM, PIN-686 001. 3. THE SPECIAL DEPUTY TAHSIDLAR (RR)., K.S.F.E.LTD.,KOTTAYAM-PIN-686 001. R1 & R2 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, S.C, K.S.F.E, LTD., R3 BY GOVT. PLEADER SRI. BENOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No. 741 of 2011 ------------------------------- Dated this the 7th day of March, 2011. J U D G M E N T This writ petition is filed challenging the revenue recovery proceedings initiated at the behest of respondents 1 and 2 for realising amounts due in a defaulted housing loan account. As per the terms of the demand notice issued, a sum of ` 2,37,512/- along with interest is due as on 31.12.2006. By virtue of an interim order issued by this Court, recovery steps were stayed subject to condition of the petitioner remitting a sum of ` 1 lakh. The petitioner had remitted the said amount. 2. It is now brought to my notice that the respondents had issued a letter to the petitioner, permitting regularisation of the account, on the basis of the specific request made (letter under reference No.RR/KLM/6487/10- 11 dated 17.1.2011 issued by the Assistant General Manager [recovery], KSFE). In terms of the said letter, the petitioner was permitted to make payment of the defaulted instalmetns 2 W.P.(C).No. 741 of 2011 upto date along with interest and other charges and on such condition the petitioner will be permitted to make payment of future monthly instalments in accordance with the original schedule of repayment. 3. Learned counsel for the petitioner seeks indulgence of this Court in permitting regularisation on the basis of the offer made as above, subject to payment of the amounts in default within a short period. Learned standing counsel appearing for the respondents submit that if the petitioner makes payment of the amounts in default as mentioned in the said letter, the future monthly instalments can be permitted to be paid in accordance with the original schedule. 4. Considering the facts and circumstances as stated above, I am of the view that interest of justice will be served if the petitioner is permitted to regularise the account on the basis of the letter issued by the respondents as mentioned above. Therefore, the writ petition is disposed of directing the petitioner to make payment of the entire 3 W.P.(C).No. 741 of 2011 amount in default, less the amount of ` 1 lakh already paid, in two equal monthly instalments falling due on or before 31.3.2011 and on or before 30.4.2011, along with payment of the regular monthly instalments due for the months of March and April 2011 respectively. 5. If the payment of the said amount is made as stipulated, the respondents shall permit the petitioner to make payment of future monthly instalments in accordance with the original schedule of repayment. 6. In case of default in payment of any one of the instalments as stipulated above or any of the future monthly instalments, the respondents will be at liberty to proceed with further steps, and on such event the petitioner will be precluded from raising any subsequent challenge. C.K.ABDUL REHIM, Judge ami/