Disposed

Balachandran G v. Secrtary(Requistion Authority)

Kerala HC16 Dec 2014WP(C)/25280/2014

Case brief

AI extract

What is this about?

This is a writ petition challenging the auction sale proceedings for default in housing loan repayment by the petitioner. The Court disposed of the petition permitting the petitioner to liquidate the liability covered by a recent Government Order via installments, keeping auction proceedings in abeyance.

What did the court decide?

Permitted petitioner to liquidate liability via three equal monthly installments; auction proceedings kept in abeyance.

Balachandran G Vs Secrtary(Requistion Authority) — Civil Procedure and Limitation | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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TUESDAY, THE 16TH DAY OF DECEMBER 2014/25TH AGRAHAYANA, 1936

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WP(C).No. 25280 of 2014 (H)

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PETITIONER(S):

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BALACHANDRAN G, AGED 53 YEARS S/O. GOVINDAN, THOTTUCHIRAYIL, MANNANCHERRY P.O. ALAPPUZHA DISTRICT.

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BY ADVS.SMT.C.G.BINDU SMT.C.G.AJITHA

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RESPONDENT(S): -------------

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SECRTARY(REQUISTION AUTHORITY) KERALA STATE HOUSING BOARD, ALAPPUZHA DIVISION ALAPPUZHA, IRON BRIDGE P.O - 683 011.

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AUTHORIZED OFFICER ASSISTANT SECRETARY, DIVISION OFFICE KERALA STATE HOUSING BOARD, ALAPPUZHA DIVISION ALAPPUZHA - 11. 3. VILLAGE OFFICER KOMALAPURAM VILLAGE. R1 and R2 BY SRI.GEORGE BOBAN, SC, K.S.H.B. R3 SENIOR GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 25280 of 2014 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1 - TRUE COPY OF THE PATHOLOGICAL REPORT ISSUED FROM THE DEPARTMENT OF PATHOLOGY, MEDICAL COLLEGE, ALAPPUZAH TO THE PETITIONER'S WIFE.

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P1(A) - TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO TPETITIONER'S WIFE FROM NAVAJEEVANA KENDRAM, ALWAYE DT. 25.5.04.

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P1(B) - TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO PETITIONER'S WIFE FROM GOVERNMENT HOMOWO HOSPITAL, ALAPPUZHA.

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P1(C) - TRUE COPY OF THE PRESCRIPTION ISSUED TO PETITIONER'S WIFE BY THE PROFESSOR, DEPARTMENT OF SURGICAL ONCOLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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P1(D) - TRUE COPY OF THE DISCHARGE CARD ISSUED TO PETITIONER'S WIFE FROM MEDICAL COLLEGE, ALAPPUZHA.

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P1(E) - TRUE COPY OF THE ADMIT CARD ISSUED TO PETITIONER'S WIFE FROM MEDICAL COLLEGE, KOZHIKODE.

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P2 - TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER FROM THE GOVERNMENT AYURVEDA DISPENSARY DT. 17.10.13.

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P3 - TRUE COPY OF THE REQUISITION SENT BY THE REQUISITIONING AUTHORITY, KERALA STATE HOUSING BOARD DT. 16.9.08.

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P4 - TRUE COPY OF THE NOTICE FOR SALE AFFIXED ON THE RESIDENCE OF THE PETITIONER DT. 20.8.14.

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P5 - TRUE COPY OF THE REPRESENTATION GIVEN BY PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO THE 2ND RESPONDENT DT. 25.9.14.

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RESPONDENT(S)' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE

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P.R. RAMACHANDRA MENON J.

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Dated, this the 16^th day of December, 2014

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JUDGMENT

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The petitioner is mainly challenging the course and proceedings pursued by the respondent seeking for realization of a sum of Rs.6,77,408/- notifying the property of the petitioner to be sold in public auction on 29.09.2014.

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The petitioner availed a housing loan of Rs.1,50,000/- from the respondent in the year 2000, agreeing to repay the same in 108 monthly installments of Rs. 2,554/- each. But the repayments could not be effected on time, due to various adverse circumstances, but for effecting some part payment. The wife of the petitioner has been suffering from 'carcinoma' since 2002 and in respect of the treatment much expenditure was incurred by the petitioner. It is brought to the notice of this Court that children of the petitioner are students, one of whom is pursuing MBBS and the other one pursuing studies for Engineering. It is in the said circumstances that the petitioner turned to be a defaulter, leading the proceedings taken by the respondent Bank, as borne by Ext. P4 sales notice, notifying the sale

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W.P.(C) No. 25280 of 2014

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: 2 :

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to be conducted on 29.09.2014. This made the petitioner to approach this Court by filing the present writ petition on 26.09.2014.

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Heard both the sides.

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It is brought to the notice of this Court that sale scheduled as per Ext. P4 did not take place on that date. It is stated that the grievance of the petitioner has already been considered by the Government leading to Government Order (R.T.) No. 115/2014/house dated 17.11.2014, whereby the petitioner has been permitted to liquidate the liability by remitting a sum of Rs.1.5 lakhs (as against the actual liability of more than Rs.6 lakhs for which sale was sought to be pursued). The learned counsel for the petitioner submits that the only prayer now pressed before this Court is to grant some breathing time to wipe off the liability covered by the Government Order as aforesaid.

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In the said circumstances, the writ petition is disposed of, with liberty to the petitioner to liquidate the liability covered by Government Order dated 17.11.2014 as aforesaid by way of 'three' equal monthly installments; the first of which shall be effected on or before 31.12.2014 , followed by similar installments

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W.P.(C) No. 25280 of 2014

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: 3 :

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to be effected on or before the last working day of the succeeding months. Subject to this, further proceedings pursuant to Ext. P4 shall be kept in abeyance for the time being. It is made clear that, if the petitioner commits any default in remitting the amounts as above, the respondent Bank will be at liberty to proceed with further steps for realization of the entire amount in lump from the stage where it stands now.

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The Writ Petition is disposed of.

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Sd/-

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P. R. RAMACHANDRA MENON, (JUDGE)

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kmd

Balachandran G v. Secrtary(Requistion Authority)

Case brief

What is this about?

What did the court decide?

Balachandran G v. Secrtary(Requistion Authority)

Case brief

What is this about?

What did the court decide?

What the court decided

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