IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 23062 of 2011(G) -------------------------------- PETITIONER: -------------- ABDUL RASAK.A.K. S/O.AHAMMED MUSLIAR,ALATHUMKANDIYIL HOUSE, POST KARUVAMPOYIL,KODUVALLY, KOZHIKODE DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS: ----------------- 1. KERALA STATE HOUSING BOARD,SANTHI NAGAR, THIRUVANANTHAPURAM,PIN-695001 REP.BY THE CHIEF REVENE OFFICER. 2. THE KERALA STATE HOUSING BOARD, KOZHIKODE DIVISION, CHAKORATHUKULAM, KOZHIKKODE, PIN-673006 REP.BY THE EXECUTIVE ENGINEER. 3. THE AUTHORIZED OFFICER, THE KERALA STATE HOUSING BOARD, (REVENE RECOVERY)KOZHIKODE DIVISION, CHAKORATHUKULAM, KOZHIKODE, PIN-673006. BY SRI. A. JAYASANKAR, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.23062/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1:- THE TRUE COPY OF THE NOTICE OF ATTACHMENT OF IMMOVABLE PROPERTY ISSUED BY THIRD RESPONDENT DATED 20-04-2010. EXT.P2:- THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 12-7-2011. EXT.P3:- THE TRUE COPY OF THE REPRESENTATION DATED 10-8-2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.23062 of 2011 ---------------------------------------------- Dated this the 3rd day of November, 2011 JUDGMENT The petitioner availed of a house building loan from the 2nd respondent. The petitioner has defaulted payment of the instalments of repayment of the loan. Revenue recovery proceedings have been initiated by the respondents for recovery of loan amounts due from the petitioner to the respondents. The petitioner challenges the same. The petitioner submits that the petitioner has already filed Ext.P3 application before the 3rd respondent seeking One Time Settlement facility. The petitioner, therefore, seeks the following reliefs: “a) Call for the records leading upto Ext.P1 and P2 notices and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction. b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass appropriate orders on Ext. P2 (sic) representation filed by the petitioner within a time stipulated by this Hon'ble Court. c) Issue a writ of mandamus or any other appropriate writ, order or direction directing the W.P.(C)No.23062/11 2 respondents to permit the petitioner to pay the amount due in instalments by availing the O.T.S. Facility of the Housing Board. d) Issue a writ staying all further proceedings pursuant to Ext.P1 and P2 notices issued by the respondents.” 2. I have heard both parties. On 24.8.2011 this Court passed an interim order of stay on condition that the petitioner pays Rs.1 lakh within one month. It is submitted that the said direction has been complied with. 3. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The 3rd respondent shall forward Ext.P3 application for One Time Settlement to the appropriate officer of the Kerala State Housing Board competent to consider the said application. The competent officer shall consider and pass orders on Ext.P3, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Till orders are passed on Ext.P3 by the competent officer, further recovery proceedings shall be kept in abeyance. But, the petitioner shall pay an amount of Rs.1 lakh within the W.P.(C)No.23062/11 3 said two months. Further payment shall be in accordance with the orders to be passed on the One Time Settlement application. S. SIRI JAGAN, JUDGE acd W.P.(C)No.23062/11 4