IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 28362 of 2009(M) -------------------------- PETITIONER(S): --------------- A.P.ABDUL HAMEED MOULAVI, S/O.KUNHEEDU, AGED 30 YEARS, ACHANA PARAMBIL HOUSE, PUTTANIKKAD, KANDEMANGALAM P.O, MANNARKKAD COLLEGE (VIA), PALAKKAD DISTRICT. BY ADV. SRI.C.K.RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA STATE CO-OP.HOUSING SOCIETY, KUMARAM PUTHUR BRANCH, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALE OFFICER OF KERALA STATE HOUSING FEDERATION, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 28362 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th October, 2009. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from the petitioner to the 1st respondent-Society. The petitioner is aggrieved by the coercive recovery proceedings initiated by the society for recovery of the said amount. Earlier, the petitioner approached this Court and obtained Ext. P5 judgment, wherein the respondent was directed to consider the petitioner's claim for one time settlement and to intimate the amounts due from the petitioner. According to the petitioner, although the petitioner filed Ext. P6 petition seeking one time settlement, no decision on the same was intimated to the petitioner. 2. I have heard the learned standing counsel for the 1st respondent also, who opposes the prayers of the petitioner. He submits that the total amount due from the petitioner as on 10-10- 2009 is Rs. 2,79,310/-, which, according to the petitioner, the petitioner is bound to pay. 3. On a consideration of the rival arguments, I am of opinion that the petitioner should be given an opportunity to pay off the amounts in instalments and the 1st respondent can be directed to consider the petitioner's claim for one time settlement as directed in Ext. P5 judgment. Accordingly, the writ petition is disposed of with the following directions. 4. The petitioner shall pay an amount of Rs. 1 lakh within one month from today. The balance amount shall be paid in 6 equal monthly instalments starting from 1-1-2010. Every subsequent instalment shall be paid on the first working day of every succeeding months. On the petitioner paying Rs. 1 lakh, the society shall consider his claim for one time settlement in accordance with the directions in Ext. P5 judgment and intimate the petitioner the W.P.C. No. 28362/09 -: 2 :- balance amounts payable by the petitioner as per the one time settlement scheme within one month from the date of payment of Rs. 1 lakh. The instalment shall be regulated in accordance with the orders to be passed by the society as above. Further, I direct the 1st respondent not to reject the application for one time settlement on the ground that one time settlement scheme is not in force insofar as at the time when Ext. P5 judgment was passed, there was, in fact, an one time settlement scheme in force. If the petitioner pays the amount of Rs. 1 lakh and the instalments on the due dates, further coercive proceedings shall be kept in abeyance. If the petitioner commits default in payment of either Rs. 1 lakh or any of the subsequent instalments, it would be open to the 1st respondent to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.