IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 20950 of 2010(P) ---------------------------------- PETITIONER(S): ---------------------- S.K.IBRAHIM, S/O.LATE MOHAMMED SAHIB, MAKSOODA MANZIL, KODIBAIL, UPPALA P.O., KASARAGOD DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.GEORGE JOSEPH PULIMOOTTIL SMT.N.MAHALAKSHMI SRI.K.DILIP SRI.ROVIN RODRIGUES RESPONDENT(S): ------------------------ 1. THE KERALA STATE HOUSING BOARD, TRIVANDRUM-695 001, REPRESENTED BY ITS CHAIRMAN- 695 001. 2. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD DIVISION NO.III, KASARAGOD-671 121. 3. THE DEPUTY COLLECTOR/REVENUE RECOVERY OFFICER, KERALA STATE HOUSING BOARD, TRIVANDRUM-695 001. ADV. A. JAYASANKAR, SC FOR KSHB GOVT. PLEADER SRI. BEJOY CHANDRAN ADV. POOVAPPALLY M.RAMACHANDRAN NAIR, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tga P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 20950 OF 2010 -------------------------------------------- Dated this the 5th day of July, 2010 JUDGMENT The petitioner is challenging the correctness and sustainability of the steps being taken by the respondents for realisaiton of the amount due under a loan transaction. Many a ground has been raised in the Writ Petition as to the quantum, stating that the amounts already satisfied by the petitioner at different points of time have not been properly given credit to. 2. The learned Standing counsel appearing for the Board with reference to the contents of the statements filed before this Court submits that the Government has already declared a scheme of 'OTS', which is available till 30.09.2010; as per which, the petitioner is entitled to get substantial relief. The learned counsel also submits that the calculation forming the subject matter of Exts.P3 and P4 is strictly in conformity with the terms of the loan agreement; however adding that, on availing the benefit of 'OTS', the petitioner can have the loan account closed, if a total sum of Rs.5,62,489/- is paid on or before 31.08.2010 or Rs.5,65,119/- on or before 30.09.2010; as the case may be. 3. The learned counsel for the petitioner submits that the petitioner would like to avail the benefit of 'OTS' and would prefer an 2 WP(C) No. 20950/2010 application in this regard. 4. In the above circumstance, the Writ Petition is disposed of, with liberty to approach the Board by filing an application for the benefit of 'OTS' and to satisfy the due amount in terms of the scheme on or before 30.09.2010. Subject to this, the recovery proceedings stated as being pursued against the petitioner pursuant to Exts.P3 and P4 shall be kept in abeyance for the time being. It is also made clear that, if any default is committed from the part of the petitioner in clearing the liability as aforesaid, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc