IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 13133 of 2005(L) -------------------------- PETITIONER: ------------ K.DEVADETHAN, PARAMESWARATH VADAKKATHIL, KARIPUZHA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENTS: ------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD. (K.S.F.E. IN SHORT), REPRESENTED BY ITS SECRETARY, K.S.F.E., THRISSUR. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., MAVELIKKARA. 3. THE SPECIAL DEPUTY TAHSILDAR (R.R), K.S.F.E. LTD., H.P. UNIT, KUMARANASAN SMARAKA MANDIRAM, COURT ROAD, ALAPPUZHA-1. BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE NO. NHF S/1 DATED 21.1.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 20.8.2004 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO. SDT/RR/3556/04-05 DATED 31.3.2005 ISSUED BY THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 13133 OF 2005 -------------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT Heard counsel for the petitioner and standing counsel for KSFE. Even though petitioner is stated to be in arrears of over Rs. 6 lakhs towards balance house building loan availed by the petitioner, it is stated that petitioner has already paid Rs. 9 lakhs. Recovery is initiated before enquiry of land period, because of chronic default. However, in view of substantial payment made by the petitioner, I feel petitioner should be granted OTS benefit to settle balance liability. W.P. is accordingly disposed of directing KSFE to grant OTS benefit to the petitioner and give reasonable time to the petitioner to pay the amount, provided petitioner makes an application along with payment of Rs. 50,000/- before 31.1.2008. However, if payment is not made and application for OTS benefit not filed before 31.1.2008, recovery can be continued. (C.N. RAMACHANDRAN NAIR) Judge 2