IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 18200 of 2009(T) -------------------------- PETITIONER: --------------- KALYANI, AGED 65 YEARS, W/O.LATE GOPALAN, RESIDING AT "KOLERI THARAMMEL (H)", MEPPAYYUR P.O., KOYILANDY, KOZHIKODE DISTRICT-673 524. BY ADV. MR. A.RANJITH NARAYANAN MR. S.K.SAJU RESPONDENTS: --------------- 1. KERALA STATE HOUSING BOARD, KOZHIKODE HOUSING UNIT, CHAKKORATHKULAM, KOZHIKODE-673 006, REP. BY ITS ASST. SECRETARY. 2. KERALA HOUSING BOARD, THIRUVANANTHAPURAM-695 001, REP. BY ITS CHIEF REVENUE OFFICER. 3. DISTRICT COLLECTOR, KOZHIKODE, REP. BY THE GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 4. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (H) DEPARTMENT, THIRUVANANTHAPURAM, REP. BY THE GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. R1 AND R2 BY ADV. MR. A JAYASANKAR, STANDING COUNSEL R3 AND R4 BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 18200 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 13th day of July, 2009 JUDGMENT The petitioner is the widow of the borrower, who had availed a housing loan from the respondent Board in the year 1999. The loan of Rs.75,000/- was liable to be repaid by way of 144 installments at the rate of Rs.1400/- . Subsequently, the borrower bid farewell to this world and the petitioner, despite all the adverse circumstances, is taking earnest efforts to see that the liability to the Board is cleared off as early as possible. The only relief prayed for in the present Writ Petition is to permit the petitioner to clear the liability by way of 18 regular monthly installments. 2. Heard the learned counsel appearing for the respondent Bank, who submits that, on the basis of the statement filed before this Court as on 30.6.2009, a total sum of Rs. 2,54,389/- is due with further interest and cost. The learned counsel also fairly concedes that, taking note of the plight of the petitioner and also the fact that she is an elderly lady having crossed the age of 65 years, she can be permitted to clear the liability by way of installments. 3. After considering the facts and figures, the petitioner is permitted to clear the entire outstanding liability by way of 18 equal monthly installments. The first installment shall be effected on or before WP (C) No. 18200 of 2009 : 2 : the 10th of August, 2009 to be followed by the similar installments on or before the 10th of the succeeding months. It is also made clear that, if any two consecutive defaults are made by the petitioner, the respondent Bank will be at liberty to proceed with further steps for realization of the entire amount in lump sum. The Writ Petition is disposed as above. P. R. RAMACHANDRA MENON, JUDGE kmd WP (C) No. 18200 of 2009 : 3 :