IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 11550 of 2011(P) ------------------------------------------ PETITIONER(S): ------------------------- BHASKARAN.K., S/O CHOYI, KUNNOTH HOUSE, ERAMANGALAM, BALUSSERY, KOYILANDY. BY ADVS. SRI.V.V.ASOKAN, SMT.RUKHIYABI MOHD. KUNHI. RESPONDENT(S): ---------------------------- 1. KERALA STATE HOUSING BOARD, KOZHIKODE DIVISION, CHAKKORATHKULAM, KOZHIKODE, REPRESENTED BY ITS ASSISTANT SECRETARY. 2. THE SPECIAL DEPUTY COLLECTOR (REVENUE RECOVERY), KERALA STATE HOUSING BOARD, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB R3 BY GOVERNMENT PLEADER SMT. M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11550/2011 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE GOVERNMENT ORDER DTD. 7/02/2004. P1(A): COPY OF THE CIRCULAR ORDER DTD. 12/02/2004. P2: COPY OF THE G.O.(MS) NO.27/2009/HOUSING DTD. 31/07/2009. P3: COPY OF THE ATTACHMENT NOTICE ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE REPLY NOTICE DTD. 23/03/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.11550 OF 2011 -------------------------------- Dated this the 23rd day of June 2011 JUDGMENT The petitioner has approached this Court seeking for the benefit of OTS, which is stated as declared and notified by the respondent Board in connection with the settlement of liability by the defaulters. The case of the petitioner is that he had availed a housing loan of Rs.2.5 lakhs creating mortgage over the property in question. But because of some unfortunate circumstances, the petitioner could not pay the outstanding dues and he turned to be a defaulter. In the meanwhile, the 1st respondent had declared 'OTS' and the petitioner, though thought to avail the benefit, was not given the same, thus driving the petitioner to approach this Court by filing this Writ Petition. 2. Heard the learned standing counsel appearing for the 1st respondent as well, who submits that the respondent Board has already filed a statement before this Court pointing out that the benefit of OTS is available till 30-06-2011 and that, if the petitioner files a proper application satisfying the requirements as specified under the 'Scheme', the eligible benefit could be extended to the petitioner; which is readily agreed from the part of the petitioner. W.P.(C)No. 11550/2011 - 2 - 3. In the above circumstances, the Writ Petition is disposed of, with liberty to the petitioner to approach the 1st respondent by filing necessary application for the benefit of OTS, also satisfying the requirements, upon which the eligible benefits shall be extended to the petitioner. It is made clear that the recovery proceedings will be subject to the orders to be passed by the 1st respondent as above and satisfaction of the requirements by the petitioner under the 'Scheme'. vdv P.R.RAMACHANDRA MENON, JUDGE