IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 16777 of 2008(V) -------------------------- PETITIONER: ------------ PUSHPANGATHAN NADAR.S/O. NARAYANAN NADAR AGED 79 YEARS, RESIDING AT KUNNUVILA VEEDU MONDIYODE, KULAPPADA P.O., NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SMT.KVP.JAYALEKSHMY SRI.M.AJAY (IRUMPANAM) RESPONDENTS: ------------- 1. THE KERALA STATE HOUSING BOARD TRIVANDRUM, REPRESENTED BY ITS SECRETARY, KSHB BUILDING, SHANTI NAGAR, TRIVANDRUM. 2. ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD BRANCH OFFICE, NEDUMANGADU. BY ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 & 2 POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB FOR R.1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE NOTICE DT. 11.10.2007 ISSUED BY THE 2ND RESPONDENT CLAIMING AN AMOUNT OF RS.2,88,281/-. EXT. P2 TRUE COPY OF THE NOTICE DT. 11.10.2007 INITIATED AGAINST THE PETITIONER UNDER RR ACT. EXT. P3 TRUE COPY OF THE REPRESENTATION DT. 11.11.2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT. P4 TRUE COPY OF THE REPRESENTATION DT. 2.12.2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT. P5 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE ISSUANCE OF EXT. P4 REPRESENTATION. EXT. P6 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT INDICATING ACCEPTANCE OF EXT. P4 REPRESENTATION. /TRUE COPY/ P.S. TO JUDGE. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 16777 OF 2008 V = = = = = = = = = = = = = = = = = Dated this the 19h day of August 2008 J U D G M E N T Petitioner is a defaulter to the Housing Board. Recovery proceedings were initiated by Exts. P1 and P2. It is challenging the recovery the writ petition is filed. 2. At the stage of admission by order dated 5.6.2008 this Court granted stay on condition that the petitioner remits Rs.60,000/- and it is submitted by both sides that this order has been complied with. In the writ petition, the petitioner has produced Exts. P3 and P4 applications made by him for the benefit of One Time Settlement Scheme. 3. Since it is admitted position that at present OTS Scheme is in vogue, it is only proper that the 1st respondent considers Exts. P3 and P4 applications. Therefore, the writ petition is disposed of directing that the 1st respondent shall consider Exts. P3 and P4 in the light of the OTS Scheme in vogue. Orders on Exts. P3 and P4 W.P.(C) No. 16777 OF 2008 -2- shall be passed as expeditiously as possible, at any rate within 8 weeks from today. It is directed that until orders are passed on Exts. P3 and P4 and the same is communicated to the petitioner, the stay granted by this Court on 5.6.2008 will continue in force. ANTONY DOMINIC JUDGE jan/-