IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 24880 of 2008(J) ---------------------------------------------- PETITIONER: ---------------------- K.C.MAHAROOF,AGED 51 YEARS, S/O.MAMMU, R/AT.ZEENATH MANZIL, PO.KANNUKARA, VADAKARA. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------------------ 1. SECRETARY, URALUNGAL CO.OP.RURAL HOUSING SOCIETY LTD.NO.LL 128, PO.MADAPPALLY COLLEGE. 2. ASST.REGISTRAR (GENERAL) CO.OP.SOCIETY, VADAKARA. ADDL. 3. KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KALOOR, REP. BY ITS MANAGER, KOCHI-17. (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 25.8.2008 IN I.A.NO.11089/08). R1 BY SHRI C.R. SIVAKUMAR, SC. R2 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN ADV. SRI.A.K.CHINNAN FOR ADDL.R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 24880 OF 2008 J -------------------------------------- Dated this the 10th December, 2008 JUDGMENT The prayers in the Writ Petition are as follows: “i) Issue a writ of mandamus directing the respondents to reconsider Ext.P5 decision for One Time Settlement Scheme to settle the entire loan account and grant the facility of One Time Settlement Scheme to the petitioner to clear the liability. ii) Issue a writ of mandamus directing the respondents to receive principal amount and waiver the interest.” 2. I heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. A Counter Affidavit is filed by the additional third respondent. Learned counsel for the petitioner would point out that the petitioner is in dire financial constraints. Of course, he does not dispute the fact that the petitioner had made an application for OTS and there was delay of two months in filing the application. WPC.24880/08 J 2 He would then submit that there is an Arbitration Case filed as ARC No.353/04-05 which is pending before the second respondent. He prays that it may be directed to be considered. The Writ Petition is disposed of directing the second respondent to consider ARC No.353/04-05, after affording an opportunity of hearing to the parties, and take a decision in accordance with law within four months from the date of receipt of a copy of this Judgment. It is made clear that nothing stated in this Judgment will stand in the way of the parties arriving at any settlement as they are advised to. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge