IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10363 of 2010(U) -------------------------- PETITIONER: --------------- M. ABOOBACKER, S/O.A.M.MUHAMMED HAJI, AGED 55, RESIDING AT MOOLAYIL HOUSE, P.O. THEKKIL FERRY, THEKKIL VILLAGE, KASARAGODE, KERALA. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.ADEEP ANWAR SMT.M.T.RANIMOL RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE, TRIVANDRUM. 2. KERALA FINANCIAL CORPORATION, VELLAYMABALAM, TRIVANDRUM. 3. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, KASARAGODE BRANCH, KASARGODE. 4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KANNUR. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. BY ADV. MR. R.S. KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, ALONG WITH W.P.(C) Nos. 10364 oOF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.( C) Nos. 10363, 10364, 10365 & 10366 OF 2010 ......................................................................... Dated this the 26th March, 2010 J U D G M E N T The petitioners in all these cases have approached this Court with rather common relief as given below: “(i) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ, directing the respondents 2,3 and 4 or the concerned among them to revive the OTS facility granted through Ext.P3 and offer the same to the petitioner to enable them to close the transaction within a time frame. (ii) Issue a writ, order or direction in the nature of mandamus or other appropriate writ, directing the respondents 2,3 and 4 to take up Ext.P7 and consider the same in the light of Ext.P1, P2 and P4 and grant the facility of revival of the OTS to the petitioner. (iii) Issue a writ, order or direction in the nature of mandamus or other appropriate writ W.P.( C) Nos. 10363, 10364, 10365 & 10366 OF 2010 2 directing the respondents 2, 3 and 4 or the concerned among them to keep in abeyance all recovery proceedings against the petitioner for a reasonable time till the petitioner is enabled to close the loan transaction on one time settlement basis.” 2. The learned Standing Counsel appearing for the respondent Corporation, on instruction, submits that the claim for revival of OTS can be considered only on petitioners' filing proper representation in this regard, also clearing the belated interest in this regard. 3. The learned Standing Counsel for the petitioners submits that the petitioners are ready and willing to pay the belated interest to be stipulated by the Corporation; simultaneously adding that the representation for revival of OTS has already been submitted, as borne by Ext.P7 dated 22.11.2008 and yet another application dated 19.03.2010 as stated in the last paragraph of the 'Statement of Facts'. The learned Counsel also submits that the petitioners are ready and willing to submit one W.P.( C) Nos. 10363, 10364, 10365 & 10366 OF 2010 3 more application in this regard, so as to avail the benefit of OTS. 4. In the above circumstances, the petitioners are permitted to file a fresh application for revival of OTS benefit and shall remit 'belated interest' as and when the same is demanded, on which event, the application for revival of the 'OTS' shall be considered and appropriate orders shall be passed by the Corporation in accordance with law. The liability of the petitioners to satisfy the due amount will be subject to such orders to be passed in the applications for revival of OTS. So as to enable the petitioners to pursue such exercise, all further coercive steps shall be kept in abeyance for a period of one month. The Writ Petitions are disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk