IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 13205 of 2010(A) -------------------------------------- PETITIONER(S): ------------------------- C.M. MOHANAN, KALASSERIL HOUSE, MANJOOR SOUTH.P.O, VAIKOM, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): ------------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 2. THE CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.A.JAYASANKAR, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.13205 of 2010-A ---------------------------- Dated this the 22nd day of June, 2010. J U D G M E N T The petitioner had availed a loan from the respondent Board in the year 1994-95, creating equitable mortgage over the property in question. But the liability could not be satisfied on time, effecting necessary monthly instalments, under which circumstances, the respondents proceeded with further steps for realisation of the due amount invoking the machinery under the Kerala Revenue Recovery Act, which is under challenge in this Writ Petition. 2. When the matter came up for consideration before this Court on 16.4.2010, coercive steps were intercepted on condition that the petitioner deposited a sum of Rs.20,000/- within one month, which is stated as not complied with, for the reason that despite offering the amount, the same was not accepted stating that the such acceptance required sanction from the higher authorities, as the matter had already been referred to the revenue authorities for realisation. 3. The learned standing counsel appearing for the respondents submits on instruction that, the Government has already declared the One Time Settlement Scheme, which is stated as extended till 30.9.2010 and that the respondents do not have any objection what so ever to extend W.P(C) No.13205 of 2010-A 2 the benefit to the petitioner as well. It is further submitted that the total liability under the loan transaction is Rs.1,54,196/-, whereas the petitioner is required to satisfy only a total sum of Rs.1,24,160/- as on 30.9.2010, which is the last date for submitting the application for availing the benefit of One Time Settlement. 4. The learned counsel for the petitioner submits that, the petitioner is ready and willing to avail the said offer. In the above circumstances, the petitioner is permitted to clear the outstanding liability by approaching the respondents for extending the benefit of 'One Time Settlement'. If any application is filed in this regard, satisfying the requirements on time, the same shall be considered and eligible benefits shall be extended to the petitioner, which shall be cleared by the petitioner under the One Time Settlement Scheme. Subject to the above, all the coercive steps stated as being pursued against the petitioner shall be kept in abeyance. It is also made clear that, if any default is made by the petitioner, the respondents will be at liberty to proceed with further steps, for realisation of the entire amount in a lump sum. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON ab JUDGE