IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 17355 of 2011(T) -------------------------- WRIT PETITIONER: --------------- UMMARABBA, AGED 45, S/O.LATE AHAMMED KUNHI, NEAR CHATHRA, P.O.ANAKKALLU, KASARAGOD-671323. BY ADV. SMT.R.PADMAKUMARI RESPONDENTS: --------------- 1. KERALA STATE HOUSING BOARD, REP. BY ITS SECRETARY, TRIVANDRUM-695001. 2. SPECIAL DEPUTY COLLECTOR & AUTHORIZED OFFICER, REVENUE RECOVERY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM-695001. 3. ASSISTANT SECRETARY, KERALA STATE HOUSING BOARD, KASARAGOD DIVISION, KASARAGOD, PIN-671001. R1 TO R3 BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17355 of 2011(T) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1:-THE TRUE COPY OF THE NOTICE OF ATTACHMENT DATED 14.9.2010 ISSUED BY THE 2ND RESPONDENT. P2:- THE TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 3RD RESPONDENT. P3:- THE TRUE COPY OF THE NOTICE DATED 10.5.11 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. RESPPONDENT'S EXHIBITS :- NIL. TRE COPY PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.17355 OF 2011 ---------------------------------------------- Dated this the 4th day of July, 2011 JUDGMENT The petitioner availed of a loan of Rs.3 lakhs from the Kerala State Housing Board. Since the petitioner defaulted repayment of the loan amount with interest, the Housing Board initiated proceedings for recovery. The petitioner is challenging the same. The petitioner does not dispute the liability to pay or the quantum. The petitioner submits that the petitioner is entitled to benefit of One Time Settlement Scheme and the petitioner should be given facility to pay the OTS amount in instalments. 2. The learned Standing Counsel for the Kerala State Housing Board submits that, for Kasaragod district, the One Time Settlement Scheme has been extended by a further period from 30.6.2011. He further submits that the petitioner can either avail of the benefit of that scheme till 30.9.2011 in which event the petitioner has to pay the OTS amount in a lump sum or the petitioner can pay the whole amount without OTS benefit in 15 equal monthly instalments. 3. I have considered the rival contentions in detail. Although the learned counsel for the petitioner would press for a facility to pay W.P.(C)No.17355/11 2 the OTS amounts in instalments, I do not think that I can permit the petitioner to pay the OTS amounts in instalments. If I do so, the very object of OTS Scheme would be defeated. In view of the said opinion of the Court, the learned counsel for the petitioner submits that the petitioner is willing to pay the total amount, without OTS benefit, in 15 equal monthly instalments. Accordingly, this writ petition is disposed of with a direction to the respondents to permit the petitioner to pay the total amount due under the loan account, without OTS benefit, in 15 equal monthly instalments starting from 1.8.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in any one of the instalments, it would be open to the respondents to recover the entire amount in a lump sum by appropriate coercive legal proceedings. S. SIRI JAGAN, JUDGE acd W.P.(C)No.17355/11 3 W.P.(C)No.17355/11 4