IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 9192 of 2009(T) ------------------------------------- PETITIONER(S): ---------------------- T.S.THOMAS, S/O SCARIA, AGED 38 YEARS, THANNIPPARA HOUSE, ANAKKARA P.O., CHAKKUPALLAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SMT.P.A.PRIYA RESPONDENT(S): ------------------------ 1. TAHSILDAR(R.R), UDUMBANCHOLA, NEDUMKANDAM P.O. 2. VILLAGE OFFICER, CHAKKUPALLAM VILLAGE, UDUMBANCHOLA TALUK. 3. THE BRANCH MANAGER, KERALA STATE HOUSING BOARD, KATTAPPANA BRANCH, IDUKKI. ADDL.4. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, KATTAPPANA BRANCH, IDUKKI. (ADDITIONAL 4TH RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDER DATED 23.3.2009) R1, R2 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. R3, R4 BY STANDING COUNSEL SRI.A.JAYASANKER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 9192 of 2009-T ---------------------------------------------- Dated, this the 23rd day of March, 2009 J U D G M E N T Petitioner challenges Ext.P3. Ext.P3 is the notice of sale of immovable property for recovering the arrears due from the petitioner. 2. The Executive Engineer, Kerala State Housing Board, Kattappana Branch, Idukki, is suo motu impleaded as the additional 4th respondent. Standing counsel for the Kerala State Housing Board takes notice for the additional 4th respondent. 3. I heard learned counsel for the petitioner, learned Government Pleader and learned standing counsel for respondents 3 and 4. Petitioner sought benefit of paying off the amount in instalments. Petitioner seeks benefit of One- Time-Settlement. 4. As far as benefit of One-Time-Settlement is concerned, learned standing counsel submits that the said benefit may not be ordered as the Scheme is no more available. Regarding instalment facility, I feel that the request can be granted. Accordingly, the writ petition is disposed of as follows: WPC No. 9192/2009 -2- Ext.P3 will be kept in abeyance on condition that the petitioner remits Rs.1 lakh before the time of sale and remits Rs.50,000/- (Rupees fifty thousand only) within two weeks from today and pays off the balance amount in ten equal monthly instalments. Upon payment of Rs.1.5 lakhs as aforesaid, and upon the petitioner appearing before the additional 4th respondent, the additional 4th respondent will intimate the petitioner the exact amount remaining to be paid after crediting the amounts paid by the petitioner and the amount of instalment, in terms of this judgment. Petitioner shall pay the first instalment on or before 30.4.2009 and the further instalments shall be paid on or before the last working day of every succeeding month. If the petitioner does not pay Rs.1 lakh or Rs.50,000/- or any of the instalments as aforesaid, petitioner will lose benefit of this judgment and proceedings against the petitioner can go on, in accordance with law. (K.M.JOSEPH) JUDGE. MS