IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 30732 of 2008(H) --------------------------------------------- PETITIONER(S): ----------------------- 1. REGHU P.V., AGED 56 YEARS, S/O. VASU, THAREPPARAMBIL HOUSE, VELLOOR VILLAGE, MEVELLOOR P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. 2. MINI, W/O. REGHU P.V., AGED 42 YEARS, THAREPPARAMBIL HOUSE, VELLOOR VILLAGE, MEVELLOOR P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT(S): ------------------------- 1 THE KERALA STATE FINANCIAL ENTERPRISES LTD., REGISTERED OFFICE “BHADRATHA”, MUSEUM ROAD, P.B. NO.510, THRISSUR - 680 020, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., H.P. UNIT, M.D.C. CENTER, K.K. ROAD, KOTTAYAM - 1. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES LTD., KOTTAYAM - 1. 4. THE VILLAGE OFFICER, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R1 TO 3 SRI. M.L. SAJEEV, SC. R4 BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 30732 OF 2008 H -------------------------------------- Dated this the 23rd October, 2008 JUDGMENT Petitioners availed a housing loan from the second respondent. The period of repayment is upto 15.12.2015 by way of payment of monthly instalment of Rs.2,647/=. Because of the financial difficulties, it is their case that they failed to pay the monthly instalments. Ext.P1 is a notice issued under Section 34 of the Kerala Revenue Recovery Act and Ext.P2 is the objection. It is stated that the petitioners have subsequently paid Rs.1.75 Lakhs in the aggregate. However, recovery steps have been initiated. 2. I heard the learned counsel for petitioners and the learned standing counsel appearing on behalf of respondents 1 & 2 besides the learned Government Pleader. Learned counsel appearing for the respondent Financial Enterprises Ltd. submits that if the petitioners pay a sum of Rs.1,08,736/= they can come into the main stream and continue to pay the remaining WPC.30732/08 H 2 instalments. Learned counsel for petitioners is agreeable for the same. He, however, apprehends whether due credit has been given to the amounts paid in a sum of Rs.1.75 Lakhs in arriving at Rs.1,08,736/=. The Writ Petition is disposed of as follows: Recovery proceedings against the petitioners will be kept in abeyance on condition that the petitioners pay a sum of Rs.40,000/= (Rupees Forty Thousand) within three weeks from today and the balance amount to make up the sum of Rs.1,08,736/= within a period of six weeks from today. It is subject to the further condition that the petitioners shall pay the monthly instalments as per the terms of the agreement. Respondent KSFE Ltd. will serve a Statement of Accounts on the petitioners within two weeks from today. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge