IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 21545 of 2010(P) ---------------------------------- PETITIONER(S): ------------------- N.CHANDRAN PILLAI, S/O.PARAMESWARAN PILLAI, AGED 61, KANICHERIL HOUSE, CHITTOOR, PANMANA, KOLLAM. BY ADVS. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT(S): -------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, KOLLAM. 2. THE KOLLAM DISTRICT GOVERNMENT SERVANT HOUSING CO-OPERATIVE SOCIETY LTD.NO.6817, REPRESENTED BY THE LIQUIDATOR, (INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY), KOLLAM. 3. THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION, REGIONAL OFFICE, VANCHIYOOR, REPRESENTED BY THE REGIONAL MANAGER, VANCHIYOOR, THIRUVANANTHAPURAM. 4. THE CO-OPERATIVE INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, KOLLAM. * ADDL. R5 IMPLEADED 5. THE ADMINISTRATOR, THE KOLLAM DISTRICT GOVERNMENT SERVANTS HOUSING CO-OPERATIVE SOCIETY, CIVIL STATION, KOLLAM. * ADDL. R5 IS IMPLEADED AS PER ORDER IN I.A. NO.15125/2010 DATED 01/11/2010. R5 BY GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, ALONG WITH WPC NO. 22454 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)Nos. 21545 & 22454 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2010 J U D G M E N T These writ petitions involve a common issue and therefore, they are heard jointly and being disposed of by this common judgment. The petitioners in these writ petitions availed housing loans from the second respondent society. The petitioner in the former writ petition availed an amount of Rs.45,000/- and the petitioner in the latter writ petition availed a loan of Rs.50,000/-, from the said Society. Irregular payments resulted in initiation of coercive proceedings against them and the petitioners are issued with Ext.P5 notices. In the former writ petition Ext.P5 notice therein was issued on 17.7.2009 and in latter writ petition the Ext.P5 notice thereunder, was issued on 17.4.2010. It is mainly challenging Ext.P5 notices that these writ petitions have been filed. 2. According to the petitioners they have already repaid amounts much more than the loan amounts. The contention of the petitioner in the former writ petition is that towards the loan account he had already remitted an amount of WPC.Nos.21545 & 22454 of 2010 : 2 : Rs.81,000/- and in the other writ petition, according to the petitioner she had already remitted Rs.68,625/-. Essentially, the claim of the petitioners is that they are entitled to get the benefit of one time settlement in accordance with Circular No.2/2010 dated 14.1.2010 to get waiver interest and penal interest for the purpose of closing their respective loan accounts. The said circular has been produced by the petitioners in these writ petitions as Ext.P6 and Ext.P9 respectively. 3. When this matter was taken up for consideration, the learned Government Pleader submitted that Exts.P6 and P9 circulars viz., circular No. 2/2010 dated 14.1.2010 pertains to agricultural and non-agricultural loans and it has absolutely no relevance in the matter of housing loans. That apart, it is submitted that in respect of housing loans availed from the Co-operative Housing Federation Ltd, the relevant circular is Circular No.75/2007-08 dated 16.1.2008. The learned Government Pleader made available a copy of the said circular. In these cases, though the petitioners applied for housing loan from the second respondent society, the loan WPC.Nos.21545 & 22454 of 2010 : 3 : amount was admittedly made available by the 3rd respondent. This aspect is not at all disputed. Therefore, I am of the view that the learned Government Pleader is right in his submission that the relevant circular in these cases, is Circular No.75/2007-08 dated 16.1.2008. 4. In view of the said circumstances, without making any observation as to the entitlement of the petitioners to obtain the benefits of One Time Settlement and also to get waiver of interest and also penal interest, these writ petitions are disposed of with a direction to the second respondent to consider such claims of the petitioners in the light of Circular No.75/2007-08 dated 16.1.2008. To enable the 2nd respondent to consider such claims the petitioners shall submit proper representations carrying their claims in the light of the aforesaid circular dated 16.1.2008 within two weeks from the date of receipt of copy of the judgment. In case, the ultimate decision is to be taken by the 3rd respondent the second respondent shall forward such representations to the 3rd respondent for consideration, forthwith. The competent among the second and third respondents shall consider such WPC.Nos.21545 & 22454 of 2010 : 4 : representations, if received, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of such representations along with a copy of this judgment. Till such time, no further coercive steps pursuant to Ext.P5 notices in these writ petitions, shall be kept in abeyance. The petitioners shall be afforded with an opportunity of being heard. These writ petitions are disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge