IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8808 of 2009(U) ------------------------------------- PETITIONER(S): ----------------------- A.J. AUGUSTINE, AGED 71, S/O. JOSEPH, ATTIPETTIL HOUSE, NEDUMKANDOM.P.O, IDUKKI. BY ADV. SRI.PRAVEEN K. JOY SMT.THANKOM.G SRI.ABHILASH MATHEW SRI.T.A.ABDUL RASHEED SRI.ADEEP ANWAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE MANAGER, KERALA FINANCIAL CORPORATION, KATTAPPANA. 4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KOTTAYAM. R1 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. R2 TO R4 STANDING COUNSEL SRI.M.M.SAYED MUHAMMED. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 8808 of 2009-U ---------------------------------------------- Dated, this the 19th day of March, 2009 J U D G M E N T The prayers in the writ petition are as under: “i). to issue appropriate writ order or direction in the nature of mandamus directing the respondent 2 & 3 to consider the OTS application of the petitioner immediately and issue written communication forthwith and to direct 4th respondent to keep in abeyance the recovery steps till then, in the interest of justice. ii). to issue a writ order or direction directing the 2nd respondent to consider Exhibit P1 application for OTS in terms to the figures in Exhibits P4 and P5 applications, forthwith and issue such communication and to direct 4th respondent to stop proceeding under Exhibit P3, in the interest of justice.” 2. I heard learned counsel for the petitioner, learned Government Pleader and also the learned standing counsel for respondents 2 to 4 Sri.M.M.Saidu Muhammed. Learned standing counsel Sri.M.M.Saidu Muhammed would submit that there is a discussion on 17.3.2009 and a decision is taken which will be communicated to the petitioner within a period of two weeks from today. It is pointed out that the WPC No. 8808/2009 -2- petitioner may not be entitled for One-Time-Settlement Scheme, but, the petitioner will be granted certain concessions. I record this submission and order that recovery proceedings will be kept in abeyance till the decision is communicated. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. MS