IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 26644 of 2011(E) ----------------------------------------- PETITIONER(S): ------------------------ JAISON V.THOMAS, S/O.THOMAS,AGED 35 YEARS, BLOCK NO. 558, CHOTTUPARA P.O, KALLAR, IDUKKI 685 552. BY ADVS. SRI.GEORGE MATHEWS, SMT.CELINE JOSEPH RESPONDENT(S): ----------------------------- 1. THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR - 695 001. 2. THE MANAGER, KERALA FINANCIAL CORPORATION, KATTAPPANA BRANCH, KATTAPPANA, IDUKKI DISTRICT 685 508. R1 & R2 BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC SRI.E.K.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26644/2011 E APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 02.06.2004 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, IDUKKI. EXHIBIT P2. TRUE COPY OF THE RECIEPT DATED 05.08.2011 ISSUED BY THE KERALA FINANCIAL CORPORATIONS. EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED 1.10.2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 26644 of 2011 ----------------------------------------------- Dated this the 30th day of November, 2011 JUDGMENT The petitioner availed three loans in the year 2001 from the Kerala Financial Corporation. It is stated that though the petitioner had remitted the sum of Rs.1,00,000/- with the Branch Manager of the Kattappana branch of Kerala Financial Corporation on 5.8.2011 and had gone over to the branch office again on 1.10.2011 to remit a further sum of Rs. 50,000/- to avail the benefit of the one time settlement scheme, the manager was not willing to receive the same. This writ petition is filed mainly seeking for a direction to the respondent to extend to the petitioner the benefit of one time settlement scheme. 2. The learned standing counsel appearing for the Kerala Financial Corporation has filed a statement dated 30.11.2011. Paragraphs 5 and 6 there of read as follows: 5. The allegation of the petitioner that the Corporation refused to accept the balance OTS amount of Rs.50,000/- is not correct and hence denied. The petitioner never approached the Corporation for remittance of the balance OTS amount applicable as per the new Loan Recovery Policy for 2011-2012. WP(C)No. 26644 of 2011 -2- 6. There is no inaction on the part of the Corporation. If the petitioner remits the OTS advance as per the prevailing norms, the corporation will consider his request on merit. 3. It is evident from the stand taken by the Kerala Financial Corporation that they are willing to receive payment of sum of Rs.50,000/- and to consider the case of the petitioner for one time settlement under the new loan recovery policy for the year 2011-2012. I accordingly dispose of the writ petition recording the submission made on behalf of the Kerala Financial Corporation that it will receive the balance OTS amount of Rs.50,000/- from the petitioner and consider his claim for one time settlement, upon the petitioner remitting the sum of Rs.50,000/-within two weeks from today. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge.