IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WA.No. 684 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC.874/2009 Dated 27/02/2009 .................... APPELLANT/PETITIONER: -------------------------- P.L.THOMAS, S/O.LUKA THOMAS, AGED 76 YEARS, PARAVARAKATH HOUSE, WLLAKKALLU PO, CHITHIRAPURAM. BY ADV. SRI.PAUL MATHEW (PERUMPILLIL) SRI.P.V.SREENIJIN SMT.K.B.SONY SRI.PRASUN.S SRI.SANU.S.PANICKER RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE BRANCH MANAGER, KERALA STATE HOUSING BOARD, KATTAPANA BRANCH, KATTAPANA, IDUKKI DISTRICT. 2. THE ASSISTANT SECRETARY (RECOVERY), KERALA STATE HOUSING BOARD, TRIVANDRUM. ADDL. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT (IMPLEADED AS PER ORDER DATED 23.07.09 IN WA). R1 & R2 BY SRI.A.JAYASANKAR, SC KSHB, TVM. ADDL. R3 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 684 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2009 JUDGMENT Basheer, J. This appeal which is at the instance of a loanee who had availed of a housing loan of Rs.3 lakhs in the year 1999 is directed against the judgment of the learned Single Judge in WP(C) No.874 of 2009. 2. The appellant had approached this Court earlier also in this connection when Revenue Recovery proceedings were initiated against him. At that time the Writ Petition was disposed of to enable the appellant to avail of the One Time Settlement Scheme. On this occasion Ext.P1 sale notice was again challenged. By the impugned judgment the learned Single Judge repelled all the contentions raised by the appellant, particularly, the prayer to quash Ext.P1 sale notice. 3. When this appeal had come up for consideration before us, the parties were directed to appear before the Lok Adalat to see whether there is any possibility to settle the WA No.684 of 2009 -:2:- matter. No settlement materialised. Thereafter the appeal was taken up again for consideration. 4. Learned Standing Counsel for the Board informed the Court that the Board is prepared to give the benefit of One Time Settlement Scheme which is in vogue now. Accordingly a statement has been filed by the Board indicating that the loan account can be closed if the appellant remits a sum of Rs.3,70,141/-(Rupees three lakhs seventy thousand one hundred and fourty one only) which is the amount due as on October 31, 2009. In other words, the amount of Rs.8,34,886/- which was found due earlier, has now been brought down substantially to Rs.3,70,141/-. Learned Standing Counsel submits that the appellant would get the benefit of the Scheme if he remits the amount due as on October 31, 2009. 5. Learned counsel for the appellant submits that the appellant is prepared to pay the above dues if instalment facility is given. He submits that the appellant will pay a sum of Rs.75,000/-(Rupees seventy five thousand only) within two weeks from today to show his bona fides. The above undertaking is recorded. WA No.684 of 2009 -:3:- 6. Having regard to the peculiar facts and circumstances of the case we are of the view that instead of granting instalments, the time to discharge the entire liability can be enlarged till December 31, 2009. We do so. We make it clear that it will be open to the appellant to approach the Government/Housing Board praying for further indulgence which the appellant insists he is entitled to get especially in the rate of interest. 7. However, if the appellant commits default in making payment of Rs.75,000/- as well as the remaining balance as directed above, it will be open to the Board to proceed against the mortgaged property pursuant to Ext.P1 notice from the stage where it was halted. The Writ Appeal is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.684 of 2009 -:4:-