IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21336 of 2008(M) -------------------------- PETITIONER: --------------- P. JAYADAS, S/O.T.P. PATHROSE(AGED 59), NISHA NIVAS, KULAPPADE.P.O, UZHAMALAKKAL VILLAGE, NEDUMANGAD, THIRUVANTHAPURAM. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: ----------------- 1. DEPUTY COLLECTOR (& CHIEF REVENUE OFFICER), KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, KERALA STATE HOUSING BOARD, NEDUMANGAD, THIRUVANANTHAPURAM. 3. THE DEPUTY TAHSILDAR (RR), KSHB (AUTHORISED OFFICER), NEDUMANGAD, THIRUVANANTHAPURAM. BY SRI.A.JAYASANKAR, SC, KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 21336 OF 2008 M ==================== Dated this the 22nd day of July, 2008 J U D G M E N T Petitioner, who had availed of a house repair loan from the Kerala State Housing Board, is facing recovery proceedings following the agreement violation that was committed. In this writ petition, the prayer made is confined to one for an instalment facility to discharge the liability. 2. From the statement that is filed by the respondents, it is seen that the total liability of the petitioner is to the tune of Rs.2,62,073 as on 31/5/2007. Learned counsel contends that in view of their precarious financial conditions, instalment sought for by the petitioner cannot be granted. 3. However, having regard to the fact that the petitioner is desirous of discharging the liability and to save the mortgaged property from a distress sale, I am inclined to grant an instalment facility to enable them to pay the dues of the respondent. 4. Accordingly, the writ petition is disposed of directing that the petitioner shall be permitted to pay the amount that is due to the 2nd respondent in 4 equal monthly instalments. The first instalment will be WPC 21336/08 :2 : paid directly to the Kerala State Housing Board on or before 15th of August, 2008 and the subsequent instalments before 15th of every succeeding month. It is clarified that in case the petitioner commits default in paying the amount as above, the respondents will be free to continue the proceedings that they have initiated without further notice to the petitioner. ANTONY DOMINIC, JUDGE Rp