IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5545 of 2009(K) ------------------------------------ PETITIONER(S): ---------------------- E.S.GOPALAKRISHNAN, S/O.SIVANKUTTY ACHARI, AGED 54 YEARS, ELLANPALIL HOUSE, THANKAMONY P.O., IDUKKI DISTRICT. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): ------------------------ 1. THE KERALA FINANCIAL CORPORATION, KATTAPPANA BRANCH, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), OFFICE OF THE SPECIAL DEPUTY TAHSILDAR, KERALA FINANCIAL CORPORATION, KOTTAYAM. R1 & R3 BY STANDING COUNSEL SRI.M.M.SAYED MUHAMMED. R2 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 5545 of 2009-K ---------------------------------------------- Dated, this the 19th day of February, 2009 J U D G M E N T Petitioner availed a loan which is not repaid. Petitioner approached this Court earlier and pursuant to the judgment of this Court, the respondent Corporation allowed the petitioner to pay the amount in instalments. Ext P2 is dated 22.10.2007. Admittedly the petitioner did not pay any amount. In view of the default committed, now, Ext.P3 dated 8.1.2009 is issued for sale of the property . The sale will take place on 20.2.2009. The writ petition is filed on 18.2.2009 on the eve of the same. According to the petitioner, the property given as security is having a value of above Rs.25 lakhs. It is stated that he is bed ridden and his body got paralyzed and is not in a position to move freely without the help of others. It is pointed out that, he took the loan for purchasing a taxi car. 2. I heard the learned counsel for the petitioner and the learned Government Pleader. 3. The writ petition is disposed of as follows: Proceeding pursuant to Ext.P3 will be kept in abeyance on WPC No. 5545/2009 -2- condition that the petitioner remits Rs.1,50,000/- (Rupees one lakh and fifty thousand only) before the time of sale and clears the entire remaining amount to be paid within a period of six weeks from today. If the petitioner does not pay Rs.1.5 lakhs or the balance amounts to be paid, the petitioner will forfeit the benefit of this judgment and it will be open to the respondents to proceed with the sale. (K.M.JOSEPH) JUDGE. MS