IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 28748 of 2010(P) -------------------------- PETITIONER(S): --------------- SHAJI FRANCIS, S/O. FRANCIS, AGED 46, ARPATHANATHU HOUSE, ARIKUZHA.P.O., THODUPUZHA, IDUKKI DISTRICT-685584. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO HOUSING BOARD, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-01. 2. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, HEAD OFFICE, THIRUVANANTHAPURAM-01. 3. ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, DISTRICT OFFICE, THODUPUZHA-685584. GOVT. PLEADER SRI.BIJOY CHANDRAN ADV.SRI.POOVAPPILLY M.RAMACHANDRAN NAIR, SC FOR KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.28748 of 2010 ------------------------------------------- Dated this the 17th day of September, 2010 J U D G M E N T ---------------------- Ext.P1 notice of sale published pursuant to steps of recovery initiated for realising arrears in a Housing Loan availed by the petitioner from the respondents, is under challenge. Eventhough various contentions are raised touching sustainability of the proceedings, Sri.George Mathew, learned counsel for the petitioner submitted that the limited prayer is only to the extent of permitting the petitioner to settle the arrears by availing the benefits under a scheme promulgated by the State Government for 'One Time Settlement' of loans availed from the 2nd respondent Board. 2. Learned Standing Counsel for respondents 2 and 3 conceded that a scheme formulated by the State Government with respect to One Time Settlement is in W.P.(C).28748/10-P -2- operation till 30.9.2010. 3. Under the above circumstances the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps pursuant to Ext.P1 notice for a period of one month. If the petitioner approaches the competent authority under the 2nd respondent seeking benefits of the One Time Settlement scheme, within a period of one week from today, the same shall be considered and appropriate decision in accordance with terms of the scheme shall be taken, and intimated to the petitioner, before 30.9.2010. 4. Needless to say that the settlement shall be considered based on the balance outstanding as on date after giving credit to all payments made by the petitioner, including payment effected under Ext.P3 receipt. C.K.ABDUL REHIM, JUDGE. okb