IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 29710 of 2006(J) -------------------------- PETITIONER: --------------- J.USHA KUMARI, KALIYIL VILAKOM VEEDU, KODUVILA, PIN-691 502, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR SMT.G.VIDYA RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE ADDITIONAL PRIVATE SECRETARY, DEPARTMENT OF LAND REVENUE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, KUNDARA BRANCH, KOLLAM. 3. SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES, KOLLAM. R1 BY GOVT PLEADER SRI K.D.PRADEEP SRI.M.L.SAJEEVAN, SC, KSFE LTD. FOR R.2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.29710/2006 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 3RD RESPONDENT. EXT.P2 TUE COPY OF THE MEM DTD. 30/10/2006. EXT.P3 TRUE; COPY OF THE EPRESENTATION DTD. 2/11/2006. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.29710 OF 2006 ---------------------------- DATED THIS THE 3RD DAY OF MARCH, 2009 JUDGMENT Petitioner availed a loan from the Kerala State Financial Enterprises, Kundara Branch, Kollam. According to her, the agreed rate of interest is 15%. Respondents 2 and 3 demanded huge amount towards interest, penal charges etc. She owned and possessed an extent of 04.07 Ares in Sy.No.218/7-2 of Kallada East Village. The 3rd respondent issued Ext.P1 sale notice and proceeded to sell the property, in order to realise the amount due. The lst respondent by Ext.P2 order dated 30/10/2006 permitted the petitioner to pay the balance amount in 30 equal monthly instalments on condition that the petitioner shall pay 10% of the amount on or before 13/11/2006. Without remitting the amount as directed in Ext.P2, the petitioner has approached this Court challenging Ext.P1. 2. The total amount due as demanded in Ext.P1 is Rs.1,28,084, which includes the principal amount, interest and -2- W.P.(C).No.29710/2006 expenses etc. As per the interim order of this Court, the petitioner paid an amount of Rs.13,000/-. The petitioner is hailing from a lower income family. 3. Considering the fact that the petitioner is unable to raise the loan amount due to financial stringency, a direction is issued to the respondents to extent her the benefit of One Time Settlement Scheme. The respondents may also consider deduction of a substantial portion of the amounts due under the heads of penal interest, expenses etc., after assessing the amount due under the OTS Scheme. The petitioner shall be permitted to pay the balance amount in 12 equal monthly instalments on condition that she pays an amount of Rs.25,000/- (Rupees twenty five thousand) within a period of two months. If the petitioner fails to pay the amount regularly or commits default, the proceedings initiated under Ext.P1 shall be revived and proceeded with. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.