Kerala High Court
WP(C)/38171/2008 of VINUKUMAR Vs STATE OF KERALA on 30 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38171 of 2008(T) -------------------------- PETITIONER(S): --------------- VINUKUMAR, S/O.LATE VIVEKANANDAN, VINU NILAYAM, PAYAZHATHERUVU
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930
WP(C).No. 38171 of 2008(T)
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PETITIONER(S):
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VINUKUMAR, S/O.LATE VIVEKANANDAN,
VINU NILAYAM, PAYAZHATHERUVU MURI,
ARYANAD VILLAGE, ARYANAD P.O.,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
RESPONDENT(S):
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1. STATE OF KERALA,
REP. BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF NURSING, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. KERALA STATE HOUSING BOARD,
HOUSING BOARD JUNCTION,
THIRUVANANTAHPURAM, REP. BY ITS SECRETARY.
3. ACCOUNTS OFFICER,
KERALA STATE HOUSING BOARD,
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NEDUMANGAD BRANCH, NEDUMANGAD P.O.,
THIRUVANANTHAPURAM.
4. DEPUTY TAHSILDAR (R.R.),
(DEPUTY COLLECTOR & CHIEF REVENUE OFFICER), KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -W.P.(C)No. 38171 OF 2008
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 30[th] day of December, 2008
JUDGMENT
The petitioner is the son of one Vivekanandan, who availed aloan from the Housing Board in 1998 and executed mortgaged deedin favour of Housing Board. He defaulted in repaying instalments atthe rate of Rs.1,333/- and this has resulted in the impugned recoveryproceedings, which is initiated principally against the mortgagedproperty. The original debtor or the petitioner as the son, standing inthe shoes of the original debtor, either on account of any transfer ornon-testamentary succession, can project only a case that theexecution shall stand confined to the properties of the original debtor.That issue also is not of much relevance in this case because thereis a mortgage and it is the mortgaged property which is beingproceeded against.
2. Going by Ext.P2, by the end of the terms of mortgage loan,there was a default of 164 out of 168 instalments and the totalrecoverables fixed as of now is Rs.6,43,126/-, as on 01.08.08.
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3. Having regard to the submission on behalf of the petitionerthat the Housing Board should take benevolent approach havingregard to the fact that the original debtor committed suicide onaccount of financial instability resulting out of non-disbursement ofamounts due to him by the Government in different contracts. It isappropriate that the Housing Board gives the petitioner anopportunity to place a request to reduce the total outstandings andmake an attempt to pay off the entire outstandings and save theproperties from distress action.
Accordingly, it is directed that if the petitioner deposits anamount of Rs.2,20,000/-, which is just above the total amountcovered by the default instalments, without any interest componentand makes a representation within a period of three weeks from now,the Housing Board will consider the request of the petitioner forreducing the total outstandings slashing any accruals under differentheads and give the petitioner an instalment facility to pay off theentire outstandings within a further period of six months. If there isdefault in remitting the amount as stated in this judgment or to comply with the directions of the Housing Board, regarding therepayment of the instalments, the benefit of this judgment will standrecalled and the Housing Board will be entitled to conclude theproceedings and sale the mortgaged property in accordance withlaw, at the earliest.
ttb 30/12
THOTTATHIL B. RADHAKRISHNAN, JUDGE
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