IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 13194 of 2011(Y) -------------------------- PETITIONER: --------------- SAIMA ABDULLA, W/O.LATE ABDULLA ABBAS, KAMMATTA HOUSE, MENANGODU, CHEROOR.P.O., VIDYA NAGAR, KASARGODE-671 123. BY ADV. MR. V.C.JAMES MR. SERGI JOSEPH THOMAS RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOUSING DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 695 001, REPRESENTED BY ITS SECRETARY. 3. THE BRANCH MANAGER, KERALA STATE HOUSING BOARD, KASARGODE BRANCH, KASARAGODE. 671 001. 4. COLLECTOR AND AUTHORISED OFFICER, SPECIAL DEPUTY COLLECTOR FOR REVENUE RECOVERY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 695 001. GOVERNMENT PLEADER MR.BIJOY CHANDRAN R2-4 BY ADV. SRI.A.JAYASANKAR, SC KSHB, TVM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13194 of 2011(Y) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1:- TRUE COPY OF THE REPRESENTATION DT.5.8.04 SUBMITTED BEFORE THE HON'BLE MINISTER FOR REVENUE AND THE CHAIRMAN OF THE KERALA STATE HOUSING BOARD. P2:- TRUE COPY OF THE REPRESENTATION DT.5.8.04 SUBMITTED BEFORE THE CHAIRMAN OF THE KERALA STATE HOUSING BOARD. P3:- TRUE COPY OF THE PETITION DT.25.1.05 SUBMITTED BEFORE THE 2ND RESPONDENT. P4:- TRUE COPY OF THE LETTER NO.3472/B1/08/HOUSING DT.20.7.10. P5:- TRUE COPY OF THE NOTICE NO.RRC/KSD/298/08. RESPPONDENT'S EXHIBITS : NIL RKC //TRUE COPY// PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.13194 OF 2011 ---------------------------------------------- Dated this the 5th day of July, 2011 JUDGMENT The petitioner's husband availed of a loan from the 2nd respondent Kerala State Housing Board. The petitioner's husband is no more. The 2nd respondent has initiated recovery proceedings, which is under challenge in this writ petition. The petitioner's contention is that the petitioner is entitled to the benefit of One Time Settlement Scheme with the benefits granted by the Government as per Ext.P4, which have not been given to the petitioner. 2. The learned Standing Counsel for the Board submits that the Board has written to the Government for clarification and further orders regarding the benefit to be granted as per Ext.P4, which is awaited. It is submitted that the benefit of One Time Settlement Scheme is available till 30.9.2011 and the petitioner can avail of the same. It is further submitted that if and when the Housing Board decides to grant the benefit as per Ext.P4, so much of the amount covered by the benefit can be refunded to W.P.(C)No.13194/11 2 the petitioner. 3. In the above circumstances, this writ petition is disposed of with the following directions: The petitioner shall approach the Assistant Secretary, Kerala State Housing Board, Kasaragod for benefits of One Time Settlement Scheme and he/she shall consider the petitioner's claim and direct the petitioner to pay the appropriate amount as per the One Time Settlement Scheme, which the petitioner shall pay. As promised by the counsel for the Housing Board, if after receiving orders from the Government, any benefit under Ext.P4 is found due to the petitioner, the amounts covered by the benefit shall be refunded to the petitioner. To enable the parties to finalise the One Time Settlement benefit, further proceedings pursuant to the impugned proceedings shall be kept in abeyance for a month. S. SIRI JAGAN, JUDGE acd W.P.(C)No.13194/11 3 W.P.(C)No.13194/11 4