IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 28771 of 2008(A) -------------------------- PETITIONER : -------------------- P.K.DASAN, PANDYIL HOUSE, P.O. KOONAMMOOCHI, THRISSUR. BY ADV. SMT.K.P.GEETHA MANI RESPONDENT(S): ------------------------ 1. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM -33. 2. DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, THRISSUR. 3. THE DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, THIRUSSUR. R1 & R2 BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC R3 BY GOVT. PLEADER SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28771 of 2008(A) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE COMMUNICATION DATED 10-6-2008 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : COPY OF THE REQUEST DATED 21-7-2008 MADE BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3 : COPY OF THE COMMUNICATION DATED 6-8-2008 ISSUED BY THE 2ND RESPONDENT. EXT.P4 : COPY OF THE ORDER DATED 16-4-2008 OF THE KERALA FINANCIAL CORPORATION, KOTTAYAM BRANCH. EXT.P5 : COPY OF THE NOTICE OF SALE DATED 19-8-2008 ISSUED BY THE 3RD RESPONDENT TO THE MOTHER OF THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1 : PHOTOSTAT COPY OF LETTER DATED 16-2-2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.28771 Of 2008 ----------------------------------------------------- DATED THIS THE 6th DAY OF DECEMBER, 2010 J U D G M E N T The main prayer in the Writ Petition is for a direction to the respondents to allow the petitioner the benefit of OTS Scheme. The petitioner has also sought for a direction to quash Exhibit P5 notice for sale of immovable property. 2. The petitioner had availed a loan for purchase of a bus in the year 1998, to the tune of Rs.7,90,000/-. It is submitted in the Writ Petition that the petitioner could not repay the amount in instalments timely. The balance amount demanded from the petitioner as on 1.11.2008 was Rs.33.21 lakhs. The benefit of OTS was also granted to him by directing him to pay an amount of Rs.25 lakhs as per Exhibit P1. 3. Mainly, it is pointed out in the Writ Petition that the petitioner has paid an amount of Rs.4.2 lakhs and the details of remittances have been given in paragraph No.3 of the Writ Petition. The difficulties experienced by the petitioner in paying the amounts have been highlighted in the Writ Petition. W.P.(C)No.28771/08 -2- 4. Respondents 1 and 2 have filed a counter affidavit. It is pointed out that Rs.4.2 lakhs mentioned in paragraph 3 is the only remittance made by the party. The Corporation has rescheduled the loan to help the petitioner and intimated the revised schedule as per letter dated 21.3.2002. But that was not complied with. As per Exhibit R1 letter, the benefit of OTS was granted to the petitioner directing him to pay a total amount of Rs25 lakhs. It is pointed out that it is upto the Corporation to allow the settlement of OTS, if there is a proper compliance with the direction issued by the Corporation. 5. In spite of interim order passed by this Court to remit an amount of Rs.8 lakhs, it is pointed out by the learned Standing Counsel for the Corporation that no amounts have been paid and subsequent sale notices have been issued and proceedings are going on. 6. In that view of the matter, to avoid the sale, the petitioner will have to pay the amount which are remaining in arrears. If the petitioner wants to settle the matter with the respondents, the petitioner may approach the respondents within one month. Leaving open the remedy of the petitioner to W.P.(C)No.28771/08 -3- approach the authorities concerned, the Writ Petition is disposed of. If the petitioner is not putting forward any positive proposal, it is for the respondents to proceed with the matter in accordance with law. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn