IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 19419 of 2009(V) ---------------------------------------- PETITIONER(S): ------------------------ B.GOPALAKRISHNAN,S/O.P.N.BHAGAVATHI CHETTIAR,PUTHUPARAMBIL HOUSE,PULICKAL KAVALA.P.O, VAZHOOR,KOTTAYAM DISTRICT.REP; BY THE P/A HOLDER N.SURESH BABU,S/O.NEELAKANDAN CHETTIYAR, MARANGATTIL HOUSE,PULICKAL KAVALA.P.O,VAZHOOR, CHANGANACHERRY,KOTTAYAM DISTRICT. BY ADVS.MR.H.HAMZA ROWTHER MR.V.K.PEERMOHAMED KHAN RESPONDENT(S): ------------------------- 1. KERALA STATE HOUSING BOARD,REPRESENTED BY ITS ASSISTANT SECRETARY,HOUSING BOARD BUILDING, KANJIKKUZHY,KOTTAYAM. 2. THE ACCOUNTS OFFICER,KERALA STATE HOUSING BOARD OFFICE,CHANGANACHERRY,KOTTAYAM DISTRICT. 3. TAHSILDAR,TALUK OFFICE,CHANGANACHERRY. 4. DEPUTY TAHSILDAR(R.R),TALUK OFFICE, CHANGANACHERRY. R1 & R2 ADV. MR.A.JAYASANKAR, SC KSHB, TVM R3 & R4 BY GOVT. PLEADER MR.P.K.BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19419/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 4TH RESPONDENT DTD. 28.11.2001. P2:- COPY OF THE SOME OF THE RECEIPTS OBTAINED FOR REPAYMENTS. P3:- SERIES:- COPIES OF REQUESTS SUBMITTED BY THE PETITIONER FOR GETTING THE STATEMENT OF ACCOUNT DTD. 3.10.08, 13.10.08. P4:- COPY OF THE REQIEST SUBMITTED BEFORE THE RESPONDENT BOARD BY THE PETITIONER UNDER RTI ACT. DTD. 4.12.08. P5:- COPY OF THE REPLY OF THE RESPONDENT BOARD DTD. 20.12.08. P6:- COPY OF THE SAID REQUEST OF THE PETITIONER SUBMITTED BEFORE THE RESPONDENT BOARD. P7:- COPY OF THE NOTICE OF ATTACHMENT DT. 9.6.09. P8:- COPY OF THE NOTICE OF ASSUMPTION OF PROPERTIES OF THE PETITIONER DT. 9.6.09. P9:- COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2. DT. 15.6.09. TRUE COPY P.A. TO JUDGE tss P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 19419 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 12th day of August, 2009 JUDGMENT The learned counsel for the petitioner submits that, the condition imposed by this Court while passing the interim order on 10.7.2009 has been complied with. 2. The learned counsel for the respondent Bank submits that, the petitioner is very much entitled to have the benefit of 'OTS' recently notified, though the said facility was not available on the date of filing Exts. P6 and P9 applications by the petitioner. 3. After hearing both the sides, the Writ Petition is disposed of, directing the first respondent to consider and pass appropriate orders on Exts. P6 and P9 in accordance with law, as expeditiously as possible, at any rate within 3 months from the date of receipt of a copy of this judgment. The actual extent of liability to be satisfied by the petitioner will depend upon the out come of the orders to be passed by the first respondent on Exts. P6 and P9. Subject to the above, all further recovery proceedings, stated as being pursued against the petitioner, on the basis of Ext.P1 shall be kept in abeyance for the time being. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd