IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 28886 of 2011(I) ------------------------------------- PETITIONER: ------------------- C.LATHIKA,REGUNATHA BHAVAN, EDAVANASSERY,MYNAGAPPALLY, KOLLAM. BY ADV. SRI.K.G.CLEETUS. RESPONDENTS: ------------------------ 1. THE SECRETARY, KERALA STATE HOUSING BOARD,THIRUVANANTHAPURAM- 695 001. 2. THE ACCOUNTS OFFICER,KERALA STATE HOUSING BOARD,KOLLAM DIVISION, KARUNAGAPPALLY, KOLLAM - 691 001. *ADDITIONAL R.3. IMPLEADED: 3. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO HOUSING DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. *ADDITIONAL R.3. IS IMPLEADED AS PER ORDER DATED 02/12/2011 IN I.A. NO. 18994/2011. R1 & R2 BY ADV. SRI.GEORGE BOBAN, S.C , K.S.H.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28886/2011-I: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE RECEIPT DATED 29/3/2011 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2: TRUE COPY OF THE LETTER NO.Q.35/HIG 95 DATED 15/9/2011 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3: TRUE COPY OF THE AGREEMENT FOR SALE DATED 15/10/2011 EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 20/10/2011 SUBMITTED TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 28886 of 2011 I ``````````````````````````````````````````````````````````` Dated this the 2nd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner had availed of a housing loan of `3 lakhs from the Kerala State Housing Board for the construction of a residential house. Default was committed and finally, on an application made by her, she was allowed to settle her liability under a One Time Settlement Scheme. The time specified for payment was on or before 30.09.2011. Petitioner states that for the reasons beyond her control, she could not discharge the liability within the said period. Therefore, she made Ext.P4 representation to the Housing Board for extension of time for paying the amount. There was no response to the request and, therefore, this writ petition was filed. 2. On behalf of the Housing Board, Standing Counsel submitted that OTS Schemes are introduced as per the directions of the Government and that, unless the W.P.(C) No.28886/2011 : 2 : Government permits, Housing Board cannot implement any such Scheme. It is also submitted that seeking extension of period of the Scheme from 01.10.2011 to 31.03.2012, Housing Board has already made a proposal to the Government by its letter dated 19.09.2011 and that a reminder dated 09.11.2011 was also made. It is stated that these letters were addressed to the Secretary, Housing Department. Thus, what is sought for by the petitioner is extension of time for payment of the OTS amount and the stand of the Board is that, unless the Government extends the period of the Scheme, the request cannot be considered. Since the proposal made by the Board in this behalf evidenced by the letters referred to above are pending, at this stage, what is required is that the Government should take decision on the proposal made by respondents 1 and 2. 3. Therefore, I dispose of the writ petition with the following directions:- That the additional third respondent, to whom the W.P.(C) No.28886/2011 : 3 : proposal dated 19.09.2011 and its reminder dated 09.11.2011 have been made by the first respondent, shall take a decision thereon. This shall be done, at any rate, within one month from the date of production of a copy of this judgment along with a copy of the writ petition. 4. If the Government ultimately accepts the proposal, consistent with the directions of the Government, the first respondent shall consider Ext.P4 request of the petitioner and issue appropriate orders in that behalf. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/02/12 // True Copy // P.A. To Judge