IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 5024 of 2005(W) ------------------------- PETITIONER: ------------ MRS. SELEENAMMA GEORGE, AGED 39 YEARS, W/O. M.T. GEORGE, PROPRIETOR, THEKKEVEETTIL INDUSTRIES, THEKKEVEETTIL HOUSE, THALAYOLAPARAMBU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS: ------------- 1. DEPUTY TAHSILDAR (R.R.) TALUK OFFICE, VAIKKOM. 2. GENERAL MANAGER, DISTRICT INDUSTRIES CENTER, KOTTAYAM. BY G.P. SRI. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE G.O. (RT) NO.1035/2003/ID DATED 6.10.2003 EXT.P2 TRUE COPY OF THE RECEIPT DATED 30.6.2003 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE ATTACHMENT NOTICE BEARING NO. G3-8133/2004 DATED NIL. EXT.P4 TRUE COPY OF THE DEMAND NOTICE NO.G3-8133/2004 DATED 27.11.2004 EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 11.1.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 5024 OF 2008 -------------------------------------------- Dated this the 22nd day of May, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of margin money loan. Principal amount is paid vide Ext.P2 receipt for Rs. 60,000/- and thereafter through payment of Rs. 46,000/- pursuant to interim orders of this Court dated 14.2.2005. Since the prayer is only for grant of OTS benefit, W.P. is disposed of directing the second respondent to verify the payments made by the petitioner so far and to grant OTS benefit, granting reasonable time for payment of balance amount. In any case balance liability in terms of incentives offered by the second respondent should be settled by the petitioner within three months from now. Recovery proceedings will stand stayed for three months from now and thereafter recovery will be based on orders of the second respondent on petitioner's claim for OTS benefit. OTS benefit should be based on current norms and orders. (C.N. RAMACHANDRAN NAIR) Judge kk 2