IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 28628 of 2008(G) -------------------------- PETITIONER(S): --------------- TONNY JOSEPH, MALAYIL HOUSE, RAMALLOOR, KOTHAMANGALAM, ERNAKULAM, REPRESENTED BY POWER OF ATTORNEY HOLDER, TOMY JOSEPH, RAMALLOOR, KOTHAMANGALAM, ERNAKULAM. BY ADV. SRI.MATHEW M.PAIKADAY SRI.ROJO J.THURUTHIPARA SRI.JOSE THOMAS (PALA) SRI.NELSON J.MANAYIL RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, ERNAKULAM. 2. THE TAHSILDAR, TALUK OFFICE, KOTHAMANGALAM, ERNAKULAM. 3. THE VILLAGE OFFICER, VILLAGE OFFICE, KOTHAMANGALAM, ERNAKULAM. 4. THE BRANCH MANAGER, G.I.C. HOUSING FINANCE, LTD., 1ST FLOOR, MANCHU TOWERS, T.D. ROAD, COCHIN. ADV. SRI.K.JAJU BABU FOR R4 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF STATEMENT OF ACCOUNT DT 1.9.08. P2 COPY OF LETTER DT 13.8.08. P3 COPY OF STATUS REPORT DT 1.9.08 P4 COPY OF RR NOTICE DT 19.8.08 RESPONDENTS' EXHIBITS: R4(A) COPY OF NOTIFICATION DT 13.8.02 R4(B) COPY OF INTIMATION DT 29.5.06. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 28628 OF 2008 G ```````````````````````````````````````````````````` Dated this the 7th day of October, 2008 J U D G M E N T Petitioner availed loan from the 4th respondent. Now, he is in arrears. 2. I heard learned counsel for petitioner, learned Government Pleader and learned counsel appearing on behalf of the 4th respondent. Learned counsel for the 4th respondent submits that the 4th respondent will furnish a statement regarding the outstanding dues within ten days from today. He also submits that the 4th respondent has no objection in granting the petitioner time till 31.3.2009 provided the petitioner continues to pay the EMI falling due. Eventhough the petitioner seeks further time, this being a contractual matter, it may not be appropriate to interpose in the matter. Accordingly, writ petition is disposed of as follows. The 4th respondent will furnish a statement of accounts showing the outstanding dues within ten days from today. WPC.28628/08 : 2 : The proceedings against the petitioner will be kept in abeyance provided the petitioner pays the EMI as they fall due from time to time and also clears the entire outstanding on or before 31.3.2009. If the petitioner does not pay the EMI and the outstanding dues as aforesaid, it will be open to the 4th respondent to proceed against the petitioner in accordance with law. (K.M.JOSEPH, JUDGE) aks