IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 25166 of 2010(U) -------------------------- PETITIONER: --------------- PURUSHOTHAMAN, AMBALANKANDI HOUS, KOTHAPARAMBA, WEST HILL KOZHIKODE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SMT.SHEEBA M.K., RESIDING AT KOTHOOR PARAMBA, WEST HILL, KOZHIKODE. BY ADV. MR. O.D.SIVADAS RESPONDENTS: --------------- 1. THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT SECRETARY, THE KERALA STATE HOUSING BOARD, KOZHIKODE DIVISION, KOZHIKODE. 3. THE AUTHORISED OFFICER, THE KERALA STATE HOUSING BOARD, KOZHIKODE DIVISION, KOZHIKODE. BY STANDING COUNSEL MR. JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 25166 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 12th day of August, 2010 JUDGMENT The petitioner had availed a housing loan of Rs. 2 lakhs from the respondent Board in the year 1995. It is an admitted fact that, there occurred some default, which made the respondents to proceed with further steps as borne by Ext. P2, notifying the sale of the properties scheduled to be held on 30.8.2010, which is under challenge in this Writ Petition. 2. During the course of hearing, it is brought to the notice of this Court that, an 'OTS' Scheme has already been declared and the same is valid till 30.9.2010. The learned counsel for the petitioner submits that, the petitioner is intending to settle the liability by way of 'OTS' Scheme on or before 30.9.2010 3. The learned standing counsel for the respondent Board submits that, the total liability under the loan transaction is Rs.11,16,347/- as on date, while the petitioner is required to satisfy only Rs. 7,06,124/- under the 'OTS'. 4. In the above circumstances, it is made clear that the petitioner is at liberty to avail the benefit of 'OTS', by submitting a proper application in this regard and effecting the payment as aforesaid on or before the stipulated date. Subject to this, the recovery proceedings W.P. (C) No. 25166 of 2010 : 2 : stated as being pursued against the petitioner, pursuant to P2, shall be kept in abeyance for the time being. It is also made clear, if the petitioner commits any default in satisfying the liability as above, the respondents are free to proceed with further steps, for realization of the entire amount in lump sum, from the stage where it stands now. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd