IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 20697 of 2008(L) -------------------------- PETITIONER: -------------- K.SOUMINI AMMA,AGED 53 YEARS, D/O. LATE RAMA KURUP, KALATHINGAL HOUSE PAVANDOOR P.O., VIA NANMINDA KOZHIKODE DISTRICT PIN 673 613 BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ----------------- 1. THE ASSISTANT SECETARY KERALA STATE HOUSING BOARD KOZHIKODE HOUSING UNIT, CHAKKORATHUKULAM KOZHIKODE-6 2. THE DEPUTY COLLECTOR & CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD THIRUVANANTHAPURAM 3. THE DEPUTY TAHSILDAR /AUTHORISED OFFICER R.R.NO. VI, KERALA STATE HOUSING BOARD KOZHIKODE. BY SRI.M.RAMACHANDRAN NAIR, SC, KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 20697 OF 2008 L ==================== Dated this the 9th day of July, 2008 J U D G M E N T Petitioner submits that she had availed of a loan of Rs. 1 lakh from the 1st respondent in 1994. According to her, upto to 1999, she had made payment of Rs.99,550/- evidenced by Ext.P3 series of receipts. Petitioner submits that despite the payments as above, when recovery proceedings were initiated by Exts. P4 and P4(a), more than Rs. 3 lakhs was sought to be recovered. It is thereupon that the petitioner has filed Ext.P5 application before the respondents for waiver of the interest and penal charges. As Ext.P5 did not evoke any response from the Housing Board, this writ petition has been filed praying for granting the benefit of the One Time Settlement Scheme and also an instalment facility to discharge the liability. 2. The standing counsel appearing on behalf of the Housing Board would submit that as at present, there is no OTS scheme in vogue and therefore, the amount that is due from the petitioner will have to be paid by her. 3. If as a matter of fact, there is no OTS in vogue, this court will WPC 20697/08 :2 : not be justified in directing consideration of Ext.P5 where the petitioner is seeking the benefit of waiver of the amounts that are due from her. Then what remains is the prayer of the petitioner to allow her to to pay the amount in instalments. 4. I heard the standing counsel on this request made by the petitioner also and it is pointed out by the counsel that the financial position of the 1st respondent is too precarious to delay payment in any manner. However having regard to the submissions made by both sides, I dispose of this writ petition directing that the petitioner will be permitted to pay the amount due from her in 6 equal monthly instalments. The first instalment will be paid by the petitioner on or before 31st of July, 2008 and subsequent instalments will be paid before the end of every succeeding month. Subject to payment as above, further proceedings pursuant to Exts. P4 and P4(a) will be kept in abeyance and it is clarified that in case default is committed, it will be open to the respondents to continue the proceedings. ANTONY DOMINIC, JUDGE Rp