IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 22902 of 2009(G) -------------------------- PETITIONER: --------------- B.J.SELVARAJ,CHRIST BHAVAN,KAZHIVOOR, KANJIRAMKULAM,THIRUVANANTHAPURAM. BY ADV. MR. S.M.PREM MS. K.P.SANTHI MR. P.K.NIJOY MS. NISHA G.THARAMAL RESPONDENTS: --------------- 1. THE SECRETARY,THE KERALA STATE HOUSING BOARD,PATTOM,THIRUVANANTHAPURAM-695001. 2. THE ACCOUNTS OFFICER,THE KERALA STATE HOUSING BOARD,BRANCH OFFICE,BALARAMAPURAM. BY ADV. MR. POOVAPPALLY M. RAMACHANDRAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22902 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 12th day of August, 2009 JUDGMENT The petitioner had availed a housing loan of Rs. 1 lakh from the respondent Housing Board. However the repayments could not be effected on time as scheduled, under which circumstances, the respondents resorted to coercive steps, which in turn is sought to be intercepted in the present Writ Petition. 2. The learned counsel for the petitioner submits that, the petitioner had already approached the first respondent by filing Ext.P2 representation for granting the benefit of 'OTS' and that the same is pending. 3. The learned standing counsel appearing for the respondents submit that, though the Scheme of 'OTS' was not available on the date of Ext.P2 representation, it has been re-notified on 31.7.2009 and is very much in existence. 4. In the above circumstances, the first respondent is directed to consider Ext.P2 application preferred by the petitioner for the benefit of 'OTS' and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, which shall be done as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. It is made clear that, the liability of WP (C) No. 22902 of 2009 : 2 : the petitioner to satisfy the outstanding amount under the loan transaction will be subject to the outcome of the orders to be passed by the first respondent on Ext.P2 and till such time, all further coercive proceedings, pursuant to Ext.P1, shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd