IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 33970 of 2008(R) -------------------------- PETITIONER(S): --------------- SUJATHA JANARDHANAN AGED 68 YEARS, W/O. JANARDHANAN, SUJATHA NIVAS, BECKAL P.O. NR.CANARA BANK, KASARGOD-DIST. BY ADV. SRI.G.GIREESH SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. THE CHAIRMAN KERALA STATE HOUSING BOARD, TRIVANDRUM. 2. CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, TRIVANDRUM. 3. THE EXECUTIVE ENGINEER KERALA STATE HOUSING BOARD, KASARGOD. ADDL.R4 4. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, HOUSING DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. (Impleaded as per order dated 16.12.08 in I.A.16129/08) BY SC SRI.A.JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).33970/2008 -------------------- Dated this the 17th day of December, 2008 JUDGMENT Petitioner purchased a Flat from the respondents. The total consideration fixed was Rs.3,40,000/-. The amount has to be paid in instalments. When there was default in payment, petitioner had approached this Court even earlier. She is suffering from a paralytic stroke. This also contributed to the delay in payment. 2. Though as a normal course, a request for One Time Settlement need not be considered by the Housing Board at this stage, taking note of the special circumstances in which the petitioner is placed, I am of the view that the petitioner may be given a chance to pay the amount due from her by considering Ext.P7 representation, in accordance with Ext.P6 circular. This shall be done within two weeks from today. The entire amount due from the petitioner, pursuant to the decision taken under the OTS Scheme, shall be paid on W.P.(C).33970/2008 2 or before 31.1.2009. If the payment is made within the time aforementioned, fourth respondent shall treat the payment as one made within time, and the Housing Board will be entitled to proceed accordingly. Writ petition is disposed of as above. V.GIRI, Judge mrcs