IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 38306 of 2008(I) -------------------------- PETITIONER(S): --------------- CHELLAMMA, W/O. KUMARAN, PULPARAYAIL, KUZHIMAVU, KORATHODU PO, MUNDAKAYAM, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------- 1. THE KERALA STATE HOUSING BOARD REPRESENTED BY ITS SECRETARY SHANTI NAGAR,THIRUVANANTHAPURAM 695 001. 2. THE CHIEF REVENUE OFFICER THE KERALA STATE HOUSING BOARD SHANTI NAGAR,THIRUVANANTHAPURAM 695 001. 3. THE ACCOUNTS OFFICER THE KERALA STATE HOUSING BOARD BRANCH OFFICE, KANJIRAPPALLY.KOTTAYAM. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 38306 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd day of August, 2010. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from him to the Kerala State Housing Board. The default arose on account of the failure to repay the loan taken by the petitioner's husband on whose death, the petitioner became liable to pay the amount to save the property mortgaged to the Kerala State Housing Board as security for repayment of the loan amount. Consequent to failure to repay the amount, the Housing Board initiated revenue recovery proceedings as per Ext. P2, which is under challenge in this writ petition. 2. At the time of admission of this writ petition, this Court passed an order of interim stay of further action for sale of the property on condition that the petitioner remits an amount of Rs. 50,000/- within two weeks. The petitioner did not pay that amount. Now the petitioner submits that the Board has offered him the benefit of a Government scheme for waiver of penal interest by permitting him to pay an amount of Rs. 2,69,914/- as on 30-9-2010 and to release the mortgage on the property in question on such payment. The petitioner only wants time till 30-9-2010 to pay the amount. The learned standing counsel for the Kerala State Housing Board submits that the amount of Rs. 2,69,914/- is the amount payable as on 30-9-2010, under the scheme. In the above circumstances, leaving the petitioner to avail of that benefit, this writ petition is disposed of. Needless to say, if the petitioner does not pay the amount by 30-9-2010, the petitioner would not be eligible for the benefit of the scheme and the respondent would be free to proceed against the mortgaged property for W.P.C. No. 38306/08 -: 2 :- realisation of the entire amount due including penal interest, without reference to the scheme. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.