IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 34588 of 2007(P) --------------------------------------- PETITIONER(S): ------------------------ UTHAMAN, AGED 44 YEARS, S/O.BHASKARAN, UDAYA NIVAS, VELIYANADU P.O., ALAPPUZHA. BY ADV. SRI.GRASHIOUS KURIAKOSE, SRI.B.PRAMOD. RESPONDENT(S): -------------------------- 1. SPECIAL SALE OFFICER, ALLEPPEY CARD BANK LTD. NO.A-94, ALAPPUZHA. 2. ALLEPPEY CARD BANK LTD. NO.A-94, ALAPPUZHA, REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER MR.ANTONY MUKKATH. R2 BY ADV. SRI.ASP.KURUP, SRI.SADCHITH.P.KURUP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34588 of 2007(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 05/03/1999 SANCTIONING LOAN TO THE PETITIONER. EXT.P2 SERIES: COPY OF THE RECEIPTS ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE DEMAND NOTICE DATED 22/02/2006 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE SALE PROCLAMATION DATED 24/09/2007 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R2A: COPY OF THE ORDER DATED 20/06/2008 PASSED BY KERALA STATE FARMERS' DEBT RELLIEF COMMISSION. //TRUE COPY// P.S. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 34588 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of April, 2011. J U D G M E N T The petitioner availed of a housing loan of Rs. 1,90,000/- from the 2nd respondent-Bank in 1999. He did not pay the instalments of repayment of loan amounts. Coercive recovery proceedings were initiated against him, which is under challenge in this writ petition. The petitioner seeks the following reliefs: “(i) Issue a writ of certiorari or any other appropriate writ or order calling for the original of Ext. P4 proclamation and quashing the same and all further proceedings pursuant thereto and also all other steps for the sale of the petitioner's property. (ii) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to re-assess the liability of the petitioner by taking into consideration the amount which he has already repaid to the 2nd respondent and to keep in abeyance all further proceedings contemplated in Ext. P4 and all other steps for the sale of the petitioner's property till such re-assessment.” 2. Heard both sides. 3. The petitioner does not dispute the liability to pay or the quantum. The petitioner seeks only time to pay the amounts due. This Court on 22.11.2007 granted an interim stay for 3 months on condition that the petitioner deposits an amount of Rs. 50,000/- on or before 27.11.2007 and continues to deposit at the rate of Rs. 50,000/- per month payable on or before the last working day of every month commencing from December, 2007, without fail. The stay has not been extended thereafter. Learned counsel for the Bank submits that thereafter, the petitioner paid only Rs. 20,000/-. He further submits that the petitioner has also approached the Farmers Debt Relief Commissioner, from where also a conditional order was obtained, W.P(C) No. 34588 of 2007 -: 2 :- which condition also he did not comply with. The writ petition was filed in 2007. More than 3 years are over. In the above circumstances, the petitioner is not entitled to any further indulgence in the matter. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/