IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 7910 of 2006(N) ------------------------- PETITIONER(S): --------------- K.M.HUSSAIN, AGD 52 YEARS, S/O.PAREETH MUHAMED ALI, KARUMKAKKATTE HOUSE, KUMARAPURM P.O. PALLIKKARA, ERNAKULAM DISTRICT. BY ADV. MR.RENJITH B.MARAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE DEPUTY TAHSILDAR (RR), KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 4. THE VILLAGE OFFICER, KUNNATHUNADU VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 5. THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REPRESENTED BY THE CHAIRMAN. 6. THE SECRETARY, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR, THIRUVANANTHAPURAM. 7. THE PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, ERNAKULAM. * ADDL.R8. KHADI COMMISSION REPRESENTED BY ITS CHAIRMAN (IMPLEADED AS ADDL.R8 VIDE ORDER DT 1.2.07 IN IA.1622/07) BY ADV. MR.V.V.JOSHI, SC, KHADI BOARD FOR R5 TO 7 MR.K.P.HARISH,SC,KERALA KHADI BOARD FOR R5,6 MR.LEGY ABRAHAM FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF PROCEEDINGS AND APPROVAL DT 15.5.97. P2 COPY OF AGREEMENT EXECUTED BY THE PETITIONER AND SURETIES. P3 COPY OF INTIMATION DT 16.6.98. P4 COPY OF SUMMARY OF THE PETITIONER'S HISTORY. P5 COPY OF LETTER DT 18.4.2000. P6 COPY OF DEMAND DRAFT AND LETTER. P7 COPY OF DEMAND DRAFT AND LETTER TO R7. P8 COPY OF NOTICE DT 8.5.02. P9 COPY OF NOTICE DT 11.3.04. P10 COPY OF REPRESENTATION DT 23.3.04. P11 COPY OF REMINDER DT 31.3.04. P12 COPY OF REPRESENTATION DT 14.6.04. P13 COPY OF REPRESENTATION DT 15.2.05. P14 COPY OF ORDER DT 11.8.05. P15 COPY OF REPRESENTATION DT 22.4.05. P16 COPY OF ACKNOWLEDGMENT CARD. P17 COPY OF LETTER DT 18.5.06. P18 COPY OF RECEIPT DT 15.7.06. P19 COPY OF SALE AGREEMENT DT 28.3.06. P20 COPY OF REPRESENTATION DT 10.8.06. P21 COPY OF STATEMENT OF ACCOUNTS. P22 COPY OF COMMUNICATION DT 16.9.08. P23 COPY OF COMMUNICATION DT 17.9.08. P24 COPY OF INVITATION CARD. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 7910 OF 2006 N ```````````````````````````````````````````````````` Dated this the 29th day of January, 2009 J U D G M E N T I heard learned counsel for the petitioner, learned standing counsel and learned Government Pleader. 2. Petitioner availed loan and not repaid. Recovery steps have been taken. The petitioner has produced Exts.P22 and P23. Learned counsel for the petitioner submits that the petitioner will pay the amount demanded in Ext.P23. It is submitted that the petitioner is also prepared to pay the amount which, according to the respondent, is further due by way of interest and upon payment of the amount, the documents may be released to the petitioner. It is further submitted that the petitioner will also file an application for availing the benefit under the OTS and that also may be considered. 3. Learned counsel for the Board submits that the Board has no serious objection. 4. In such circumstances, writ petition is disposed of as follows. WPC.7910/06 : 2 : Upon the petitioner remitting the amount due as per Ext.P23 and also paying the further amount demanded under protest within two weeks, the originals of the documents under the equitable mortgage will be returned to the petitioner. It is also made clear that if the petitioner makes an application for getting the benefit of OTS within one week from today, a decision will be taken thereon by the 6th respondent within three weeks from the date of receipt of the application. (K.M.JOSEPH, JUDGE) aks