IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 10246 of 2011(E) -------------------------------------- PETITIONER: ------------------- SREEKALA, AGED 37 YEARS, W/O.REGHU, KANDESSERIL HOUSE, UMBRAKKATTU MURI, THEKKEKARA, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SMT.S.L.SYLAJA. RESPONDENTS: ------------------------ 1. KERALA STATE HOUSING BOARD, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM – 695 001. 2. KERALA STATE HOUSING BOARD, REP.BY ASSISTANT SECRETARY, DIVISION OFFICE, ALAPPUZHA, PIN – 688 001. 3. SPECIAL DEPUTY COLLECTOR, (RR) & CRO, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM – 695 001. R1 TO R3 BY SRI. A. JAYASANKAR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10246/2011-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPORT DTD. 31/12/2007 FROM BIOVISION INDIA. EXT.P.2: COPY OF THE REPORT DTD. 27/06/2008 C.M.C. DIAGNOSTIC CENTRE, KOTTAYAM. EXT.P.3: COPY OF THE NOTICE DTD. 24/01/2011. EXT.P.4: COPY OF THE NOTICE DTD. 07/12/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 10246 of 2011 ================== Dated this the 7th day of July, 2011 J U D G M E N T The petitioner's husband availed of a housing loan from the Kerala State Housing Board mortgaging immovable properties belonging to him. The family of the petitioner is residing in the building in that property. After repaying some instalments, the petitioner's husband had to undergo treatment for very serious illness. As a result, he could not pay some instalments and defaulted the same. Ultimately, the husband died. Now revenue recovery proceedings have been initiated by the respondents for recovery of the balance amounts. The petitioner does not dispute the liability to pay or the quantum. Her contention is that she is presently a helpless, illiterate and poor widow belonging to the lowest strata of the society and it would be impossible for her to pay the amounts in a lump sum. She prays that she may be permitted to pay the amounts in easy instalments. 2. This is opposed by the counsel for the Housing Board. According to him, sufficient opportunity has been given to the petitioner to pay off the amounts and only when they became sure that the petitioner is not in a position to pay off the amounts, they have resorted to revenue recovery proceedings. 3. I have considered the rival contentions in detail. w.p.c.10246/11 2 4. In view of the pathetic condition of the petitioner, I am inclined to direct the respondents to permit the petitioner to pay off the balance amounts due in easy instalments. Accordingly, this writ petition is disposed of with the following directions: The 2nd respondent shall issue an intimation to the petitioner specifying the exact amount due in respect of the loan within two weeks from today. On receipt of the same, the petitioner shall pay the amounts due in 24 equal monthly instalments starting form 1.8.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates without default, coercive proceedings for recovery of the amounts shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. If necessary the 2nd respondent shall reschedule the loan in accordance with the above directions. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge