IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 17651 of 2005(B) -------------------------- PETITIONER: ------------ A.SAINUDDIN, S/O.ALIYAR RAWTHER, RESIDING AT ALANKARATHU PUTHEN VEEDU, VALACODE MURI AND VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.S.V.BALAKRISHNA IYER SHRI.K.JAYAKUMAR, SHRI.P.B.KRISHNAN, SHRI.R.SURAJ KUMAR RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES, REPRESENTED BY ITS MANAGING DIRECTOR, THRISSUR. 2. THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES, PUNALUR. 3. THE SPECIAL DEPUTY TAHSILDAR, (RR), KERALA STATE FINANCIAL ENTERPRISES, CHINNAKKADA, KOLLAM. BY ADV. SRI.A.K.JOHN, ADDL.SC., KSFE LTD. SMT.SMITHA, GOVERNMENT PLEADER SHRI.ASOK M.CHERIAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 17651/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DEMAND NOTICE PRIOR TO ATTACHMENT OF LAND ISSUED BY RESPONDENT NO.3 TO PETITIONER DATED 28/02/2005. P2 : COPY OF NOTICE NO.SDT/KLM/4107/04-05 ISSUED BY 3RD RESPONDENT TO PETITIONER DATED 21/05/2005. P3 : COPY OF RECEIPT ISSUED BY 2ND RESPONDENT FOR PAYMENT MADE BY PETITIONER DATED 03/03/2004. P4 : COPY OF RECEIPT ISSUED BY RESPONDENT NO.2 TO PETITIONER FOR PAYMENT MADE DATED 19/10/2004. P5 : COY OF LETTER SENT TO PETITIONER BY 2ND RESPONDENT DATED 29/03/2005. P6 : COPY OF RECEIPT ISSUED BY 2ND RESPONDENT FOR PAYMENT MADE BY PETIITONER DATED 20/04/2005. P7 : COPY OF NOTICE ISSUED BY RESPONDENT NO.3 TO PETITIONER DATED 06/06/2005. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- WP(C) No. 17651 of 2005 --------------------------------- Dated, this the 9th day of January, 2008 J U D G M E N T Heard learned counsel for petitioner and learned standing counsel for KSFE. 2. Liability is stated to be above Rs.2.50 lakhs. Petitioner has made some part payment under interim orders of this Court. The prayer is only for time for settling liability. This writ petition is, accordingly, disposed of directing petitioner to pay 10% of the balance outstanding and make an application for OTS benefit, within a period of two weeks from the date of receipt of a copy of this judgment. KSFE is directed to grant OTS benefit and grant time to petitioner to clear the balance arrears till 30/04/2008. If petitioner clears arrears as above, petitioner will be granted at least waiver of penal and default interest. If any other incentive is available under the OTS scheme, the same should also be granted to the petitioner. (C.N.RAMACHANDRAN NAIR, JUDGE) jg