IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 5292 of 2009(F) ------------------------------------------ PETITIONER(S): --------------------- DINESH KUMAR, S/O.SADANANDAN, CHANDINI SADANAM, THANDRAMPOIKA, NELLANAD, VENJARAMOOD. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENT(S): ------------------------- 1. THE MANAGER, KSFE, VENJARAMMOOD BRANCH, VENJARAMMOOD, THIRUVANANTHAPURAM DISTRICT. 2. THE SPECIAL DEPUTY TAHSILDAR, KSFE, THIRUVANANTHAPURAM. BY ADV. SHRI M.L. SAJEEVAN, SC, KSFE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 5292 OF 2009 F -------------------------------------- Dated this the 18th February, 2009 JUDGMENT Petitioner availed a loan. It was not repaid. His property is put up for sale. 2. I heard the learned counsel for the petitioner, learned standing counsel for the respondent KSFE and also the learned Government Pleader. Of course, one of the contentions taken is that it is not necessary to sell the property in its entirety to clear the arrears. Learned counsel for the petitioner submits that the petitioner will pay off the amount within three months. Learned standing counsel submits that the petitioner may be directed to pay a substantial sum within a time and there can be no serious objection in giving some reasonable time. In such circumstances, the Writ Petition is disposed of as follows: Proceedings pursuant to Ext.P4 will be kept in abeyance on condition that the petitioner remits Rs.50,000/= (Rupees Fifty Thousand) within two weeks from today and a further sum of WPC.5292/09 F 2 Rs.50,000/= (Rupees Fifty Thousand) within one month from today and pays of the amount remaining to be paid with due interest and collection charges within a period of three months from today. Upon payment of the amount of Rs.1,00,000/= (Rupees One Lakh) as aforesaid, the respondent KSFE will serve a Statement on the petitioner showing the exact amount remaining to be paid in terms of this Judgment within two weeks from the date of payment. If the petitioner does not remit any of the amounts as aforesaid, he will forfeit the benefit of this Judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. I make it clear that this will not stand in the way of the petitioner claiming the benefit of OTS. Sd/= kbk. K. M. JOSEPH, JUDGE // True Copy // PS to Judge