IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 4434 of 2010(D) ----------------------------------- PETITIONER: ------------------ . MAJ.(RTD).C.J.THOMAS, AGED 80 YEARS, S/O.LATE YOHANNAN VARGHESE, RESIDING AT 'ANSU VILLA',KADAVANTHRA, KOCHI-20. BY ADV. SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENTS: ---------------------- 1. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE CHIEF MANAGER, THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE,1ST FLOOR, FINANCE TOWERS, KALOOR,KOCHI-682017. 3. THE DEPUTY TAHSILDAR (R.R) KERALA FINANCIAL CORPORATION, 1ST FLOOR, FINANCE TOWERS, KALOOR, KOCHI-682017. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY STANDING COUNSEL SRI.M.M.SAYED MUHAMMED R4 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.4434 of 2010 ------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT Sustainability of the action taken by the Kerala Financial Corporation is under challenge in this writ petition. The factual averments and allegations have been strongly rebutted on the part of the respondents by filing a statement regarding the sequence of events so far and the course adopted by the petitioner including the filing of an earlier writ petition and other incriminating circumstances which according to the respondents will not justify the cause projected in the writ petition. The petitioner has filed a reply affidavit as well. 2. Learned Standing Counsel appearing for respondents 1 to 3 submits that the petitioner was provided with the benefit of One Time Settlement (OTS) earlier as borne out by Ext.R1(a) which however was not availed by him W.P.(C) No.4434 of 2010 - 2 - adhering to the specific terms and as such there is no point in insinuating the respondents in any manner. It is also stated that if the petitioner undertakes to deposit fifty per cent of the amount due on or before the date of sale, that is 19.3.2010, the respondents are ready and willing to extend the benefit of the OTS subject to the terms as stipulated in Ext.R1(a) and subject to the further condition that the petitioner also satisfies the belated interest as well as other incidental charges. 3. Learned counsel for the petitioner submits that the terms now proposed are very much acceptable to the petitioner and that to prove the bona fides of the petitioner, he may remit a sum of Rupees four lakhs on or before 3.3.2010 and the balance to top up fifty percent will be effected on or before 19.3.2010. 4. In the above facts and circumstances, the writ petition is disposed of directing the petitioner to fulfil his undertaking as above by depositing Rupees four lakhs on or before 3.3.2010 and the remaining portion to satisfy fifty percent W.P.(C) No.4434 of 2010 - 3 - of the outstanding liability on or before 19.3.2010, on which event the respondents shall provide the benefit of OTS as given in Ext.R1(a) to the petitioner. The petitioner will be bound to satisfy the liability accordingly and effect the belated interest as well as other incidental charges as well, as and when demanded. P.R.Ramachandra Menon, Judge vns