IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY,THE 29TH DAY OF AUGUST 2018 / 7TH BHADRA, 1940 WP(C).No. 8138 of 2008 PETITIONER/S:

K.V. CHAKRAYUDHAN KUNNELPADATH, NORTH ARYAD, ALAPPUZHA DISTRICT.

BY ADV. SRI. A.D. SHAJAN RESPONDENT/S:

1 *STATE OF KERALA SECRETARY TO GOVERNMENT, KERALA STATE HOUSING, BOARD, SECRETARIAT, THIRUVANANTHAPURAM.

• THE ADDRESS OF THE 1ST RESPONDENT CORRECTED AS THE SECRETARY, KERALA STATE HOUSING BOARD, SANTHINAGAR, THIRUVANANTHAPURAM AS PER ORDER DATED 12.3.18 IN IA.NO.3654/08

2 DEPUTY COLLECTOR AND CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD,, THIRUVANANTHAPURAM.

3 DEPUTY TAHSILDAR RR(III)

AUTHORISED OFFICER, KERALA STATE HOUSING BOARD,, ALAPPUZHA DIVISION.

BY ADVS.

KERALA STATE HOUSING BOARD SRI.GEORGE BOBAN, SC, K.S.H.B.

POOVAPPALLY M.RAMACHANDRAN NAIRSC.KSHB SRI.GEORGE BOBAN SC K.S.H.B.

SRI.K.DENNY DEVASSY SC K.S.H.B.

SRI.S.GOPINATHAN- SENIOR G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

29.08.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGEMENT

The petitioner availed a construction loan from the Housing Board in the year 1991. Consequent upon default, recovery proceedings were initiated. The petitioner challenges the revenue recovery proceedings in the writ petition. The main contention of the petitioner is that the recovery is barred by limitation.

2. The loan was availed by mortgaging the property for

14 years. The recovery proceedings were started immediately after the expiry of the loan period.

3. In view of the fact that it is a mortgaged loan and the recovery proceedings were within time, there is no merit in the writ petition. It is only to be dismissed.

Accordingly, it is dismissed.

Sd/-

A.MUHAMED MUSTAQUE Judge WPC.8138/08 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY RECEIPT NO. AIII/MIGL 89 II DATED 20/8/90 ISSUED BY ACCOUNTANT OFFICER, KERALA STATE HOUSING BOARD, ALAPPUZHA DIVISION.

EXHIBIT P2 A TRUE COPY OF THE POLICY NO. KSID ALPY//1222/91 FOR THE PERIOD OF 17/4/91 TO

16/4/92 OF THE KERALA STATE INSURANCE DEPT.

EXHIBIT P3 A A TRUE COPY OF THE NOTICE NO. RRC/ALP/154/07 DTD. 18/12/2007 ISSUED BY 2ND RESPONDENT.

EXHIBIT P3 B A TRUE COPY OF THE NOTICE NO. RRC/ALP/154/07 DTD. 18/12/2007 ISSUED BY 2ND RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE NOTICE NO.

RRC/ALPZA/154/07 DATED 4/11/2009 BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P5 A TRUE COPY OF THE NOTICE OF SALE OF MOVABLE PROPERTY OF THE PETITIONER (NO.

RRC/ALP/154/07 DTD 3/12/2010)

RESPONDENT'S/S EXHIBITS:

ANNEXURE R2 A TRUE COPY OF THE G.O (M.S) NO. 03/11/HOUSING DATED

14.01.2011 ANNEXURE R2 B TRUE COPY OF THE STATEMENT OF FACTS FOR LOAN CLOSING.

EXHIBIT R2 A TRUE COPY OF ORDER DATED 25.9.2007 /TRUE COPY/ P.S TO JUDGE