IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 OP.No. 11608 of 2003(F) ----------------------- PETITIONER: ------------ P.ABDUL HAMEED HAJI,S/O.LATE KADER KUNHI AGED 85 YEARS, NO OCCUPATION, PUTHIYANGADI HOUSE, BEACH ROAD, KANNUR CITY, KANNUR TALUK,KANNUR DIST. BY ADV. SRI.R.SURENDRAN RESPONDENTS: ------------- 1. THE SPECIAL DEPUTY TAHSILDAR (R.R)-II, KANNUR, KANNUR TALUK, KANNUR DISTRICT. 2. THE STATE BANK OF INDIA, S.I.B. BRANCH, KANNUR-1, REPRESENTED BY THE MANAGER, STATE BANK OF INDIA, S.I.B. BRANCH, KANNUR, KANNUR DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM BY GOVERNMENT PLEADER ADV.T.A.RAMADAS THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 11608/2003 ORDER ON CMP NO. 20008/2003 IN O.P.NO. 11608/2003 DISMISSED. 09/01/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LAWYER NOTICE DATED 06/05/2002 ISSUED ON BEHALF OF RESPONDENT NO.2. P2 : COPY OF REPLY DATED 05/06/2002 ISSUED ON BEHALF OF PETITIONER. P3 : COPY OF DEMAND NOTICE DATED 04/06/2002 ISSUED BY FIRST RESPONDENT. P4 : COPY OF DEMAND NOTICE DATED 04/06/2002 ISSUED BY FIRST RESPONDENT. RESPONDENT'S EXHIBITS R2(a) : COPY OF LEDGER EXTRACT MAINTAINED BY THE BANK. R2(b) : COPY OF REVIVAL LETTER FURNISHED BY PETITIONER DATED 22/03/2000. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 11608 of 2003 --------------------------------- Dated, this the 9th day of January, 2008 J U D G M E N T I do not find any ground to interfere in the matter because liability is admitted and learned standing counsel for 2nd respondent Bank submitted that default continues. However, if petitioner offers to remit the arrears within a reasonable time, there will be direction to 2nd respondent Bank to grant OTS benefit to the petitioner. This original petition is, accordingly, disposed of directing 2nd respondent to grant OTS benefit to the petitioner, if petitioner makes payment within a reasonable time. Respondents are free to proceed with recovery, if petitioner does not settle liability as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg