IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 38737 of 2002(J) ----------------------- PETITIONER: ------------ VIJAYAMMA, W/O. BRAHMANANDAN, THOTTUMUKKATHU, MUNDACKAL. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR, (REVENUE RECOVERY) TALUK OFFICE, KOLLAM. 3. VILLAGE OFFICER, MUNDACKAL VILLAGE OFFICE, KOLLAM. 4. THE SECRETARY, KOLLAM DEVELOPMENT AUTHORITY, KOLLAM BY ADV. SRI.A.MOHAMMED SMT.SMITHA SUKUMAR, GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 38737/2002 ORDER ON CMP NO.65297/2002 IN O.P.NO. 38737/2002 DISMISSED. 02/01/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DIRECTION FROM 4TH RESPONDENT TO PETITIONER REGARDING REPAYMENT OF LOAN AMOUNT. P2 : COPY OF DEMAND NOTICE UNDER SECTION 7 OF RR ACT NO. D7-310/2000 DATED 31/01/2000. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 38737 of 2002 --------------------------------- Dated, this the 2nd day of January, 2008 J U D G M E N T This original petition is filed challenging recovery proceedings for recovery of house building loan advanced by 4th respondent to the petitioner. Learned counsel for 4th respondent submitted that loan was availed by petitioner in 1995 and even though monthly easy instalments were provided, petitioner committed chronic default. This original petition is disposed of directing 4th respondent to grant OTS benefit, if any available, or otherwise to grant at least waiver of penal and default interest, if petitioner makes full payment at least on or before 31/05/2008. However, if petitioner does not make payment as above, then the respondents should proceed for recovery of full dues. (C.N.RAMACHANDRAN NAIR, JUDGE) jg