IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 36017 of 2010(B) ----------------------------------------- PETITIONER(S): ------------------------- RUBY ABRAHAM, S/O.ABRAHAM, VEZHAMPATHOTTAM, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.M.C.JOHN RESPONDENT(S): -------------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ASST.SECRETARY, LOANS, K.S.H.B, TRIVANDRUM, PIN-695 001. 2. THE EXECUTIVE ENGINEER, K.S.H.B, IDUKKI DIVISION, KATTAPPANA-685 508. 3. THE DISTRICT COLLECTOR, IDUKKI-685 501. R1 & R2 BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB R3 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.36017/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE STAGE CERTIFICATE DATED 8/2/98 ISSUED BY THE VILLAGE OFFICER, KATTAPPANA. P2 COPY OF THE LETTER NO.RM 72/ DATED 12/2/99. P3 COPY OF THE REPORT DATED 9/11/2000 OF THE ASST.ENGINEER. P4 COPY OF THE LETTER NO.RM 72 DATED 16/11/2000. P5 COPY OF THE LETTER NO.RM 72/ DATED 9/1/2001. P6 COPY OF THE PHOTOGRAPH OF THE BUILDING. P7 COPY OF THE REQUISITION DATED 27/10/2010. RESPONDENT'S EXHIBITS AND ANNEXURES: ANNEX -R1(A) COPY OF THE MORTGAGE DEED NO.3325/98 OF SUB REGISTRY OFFICE, KATTAPPANA. ANNEX-R1(B) COPY OF THE APPLICATION DATED 10/5/1999 SUBMITTED BY PETITIONER FOR 2ND INSTALMENT. ANNEX-R1(C) COPY OF THE REPRESENTATION DATED 20/10/2000 SUBMITTED BY PETITIONER. ANNEX-R1(D) COPY OF THE PETITION DATED 8/11/2000 SUBMITTED BY THE PETITIONER. ANNEX-R1(E) COPY OF THE LOAN ACCOUNTS OF THE PETITIONER. ANNEX-R1(F) COPY OF THE REGISTERED NOTICE DATED 22/4/2008 ISSUED WITH RUBY ABRAHAM. /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 36017 of 2011 ================== Dated this the 11 th day of July, 2011 J U D G M E N T This writ petition has been filed by the petitioner challenging proceedings initiated by the Kerala State Housing Board for recovery of the loan amounts from the petitioner to the Housing Board. 2. This Court passed two interim orders in this writ petition on 2.12.2010 and 18.2.2011, which read thus; 2.12.2010: “Not admitted. Standing counsel for R1 and R2 is directed to get instructions and file a statement, if so advised. Meanwhile, further coercive steps pursuant to Ext.P7 notice shall be kept in abeyance for a period of one month subject to condition of the petitioner remitting a sum of Rs. 1,00,000/- (Rs. one lakhs) within one month from today.” 18.2.2011: “It is submitted that stipulation contained in the interim order has already been complied with. It is made clear that the petitioner will be at liberty to approach the appropriate authority seeking relief at the one time settlement scheme. If any such approach is made, the respondent will consider the same despite pendency of this writ petition and inform the amount payable to the petitioner after giving credit to all payments made so far. The petitioner will be free to remit the OTS amount, if so advised. Post after one month.” 3. The learned counsel for the petitioner submits that in accordance with the interim orders, the petitioner has paid the amount and filed an application for one time settlement (OTS), which is pending and the writ petition may be closed. Accordingly, this writ w.p.c.36017/10 2 petition is closed with a direction to the 1 st respondent to consider and pass orders on the petitioner's application for the benefit of OTS and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Further proceedings shall be in accordance with the orders to be passed on the application for OTS. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge