IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 10718 of 2007(A) -------------------------- PETITIONER(S): --------------------- GOPI, S/O.KUNJAN, VATHIYAPPILLIL HOUSE, AYAVANA (PO), KARIMATTOMKARA, IRAMALLUR VILLAGE, MUVATTUPUZHA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): ----------------------- 1. THE KERALA STATE HOUSING BOARD, BRANCH OFFICE, KOTHAMANGALAM, REPRESENTED BY ITS ASSISTANT SECRETARY. 2. THE ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, BRANCH OFFICE, KOTHAMANGALAM. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R.1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 10718/2007. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE STATEMENT OF ACCOUNTS ISSUED BY THE 2ND RESPONDENT. EXT. P2 : TRUE COPY OF THE STATEMENT OF ACCOUNTS ISSUED BY THE 2ND RESPONDENT. EXT. P3 : TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 5.2.2007. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.10718 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2008 JUDGMENT Petitioner availed a loan from the first respondent for the construction of a residential house. There are arrears. The prayer is to furnish correct calculation statement for closing the loan amount as per one time settlement and to direct the respondents not to charge any amount towards default interest in addition to the agreed rate of interest and penal interest. 2. I heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. 3. Learned counsel for the respondents submits that if the petitioner files an application for one time settlement before the second respondent, the second respondent will consider the application, take a decision and communicate the same to the petitioner within a period of one week from the date of receipt of the application. He also submits that the payment should be made within one month from the date of communication of the decision. In such circumstances, the writ petition is disposed of as follows: WPC.10718/2007. 2 If the petitioner files an application for one time settlement, the second respondent will consider the same and take a decision thereon in accordance with law within a period of one week from the date of receipt of the application. Proceedings against the petitioner will be kept in abeyance for a period of six weeks from today. This is to enable the petitioner to pay off the arrears under the one time settlement as suggested by the learned counsel for the respondents, that is within a period of one month from the date of communication of the decision. In order to avail the benefit of this judgment, the petitioner must make the application within a period of two days from the date of receipt of a copy of this judgment. (K.M. JOSEPH, JUDGE) sb