IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 909 of 2009(G) ------------------------------------ PETITIONER: ------------------- M.K.ASOKAN, S/O.SAMI, AGED 51 YEARS, NO OCCUPATION, RESIDING AT MANNARKANDY HOUSE, P.O.THUVVAKODE, CHEMANCHERY, PIN-673 304,KOZHIKODE DISTRICT. BY ADV. SRI.R.SURENDRAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY THE CHAIRMAN, THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, REVENUE RECOVERY, VATAKARA, KOZHIKODE DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.A.JAYASANKAR, S.C, K.S.H.B, R2 & R3 BY GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.909/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MORTGAGE DEED DTD. 18/12/1995 EXECUTED BY THE PETITIONER AND REGISTERED AS DOCUMENT NO. 3396 OF 1995 OF SRO, CHEMANCHERY. EXT.P.2: COPY OF THE STATEMENT OF ACCOUNT GIVEN BY THE R.1. EXT.P.3: COPY OF THE SALE NOTICE DTD. 03/12/2008 ISSUED BY THE R.2. EXT.P.4: COPY OF THE SALE NOTICE DTD. 03/12/2008, ISSUED BY THE R.2. PREPARED IN MALAYALAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 909 of 2009-G ---------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The petitioner has approached this Court, praying for the following reliefs: “a) declaring that the charge of further interest on the defaulted amount, charge of default interest on the loan amount and charge of penal interest on the defaulted amount etc. by the respondents are illegal, arbitrary and unconscionable; b) directing the first respondent to recompute the loan account of the petitioner in view of the reduction in the lending rate by the Reserve Bank of India and give the petitioner reasonable opportunity to regularise the loan account. c) directing the first respondent to adjust the amount of Rs.48,891/- already remitted, only towards the instalments and not against interest on the defaulted amount, penal interest on the defaulted amount and default interest on the loan amount. d) quashing Exhibit P3 and P4 and the Revenue Recovery proceedings initiated by the respondent No.2 against the petitioner and his property. e) directing the respondents to afford the petitioner a reasonable opportunity for settling the loan account by private sale.” 2. The averments and allegations raised by the petitioner have been chosen to be controverted by the first respondent in the counter affidavit. During the course of hearing, it is brought to the notice of this Court that, a Scheme of 'OTS' has already been declared by the Government, which is stated as in existence till 30.9.2010. W.P(C) No. 909 of 2009-G 2 3. The learned counsel for the petitioner submits that, the petitioner would like to avail the benefit of the 'OTS' Scheme as above. 4. In the above circumstances, the petitioner is permitted to avail the benefit of 'OTS' and clear the liability. If the petitioner is files a proper application in this regard, before the concerned respondent, the same shall be considered and eligible benefits shall be extended to the petitioner, in accordance with the terms of the Scheme, which in turn shall be satisfied by the petitioner within the time as stipulated. Subject to this, the recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance, for the time being. It is also made clear that, if any default is committed by the petitioner in satisfying the due amount as above, the respondents will be free to proceed with further steps for realisation of the entire dues in a lump. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No. 909 of 2009-G 3