IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WA.No. 1208 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.8429/2008 Dated 04/04/2008 .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. USHA G. PILLAI, KOCHIKKATTIL HOUSE, VADATTUPARA P.O., ERNAKULAM. 2. SREE GANAPATHY PILLAI, KOCHIKKATTIL HOUSE VADATTUPARA P.O. ERNAKULAM. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. M/S KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,THIRUVANANTHAPURAM 695 033, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, PAZHAMANNIL JESSY TOWERS, COLLEGE ROAD, PATHANAMTHITTA 689 645, 4. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), KOTHAMANGALAM, ERNAKULAM DISTRICT. 5. N.VIJAYAKUMAR, THARAYIL HOUSE KOMANA, AMBALAPPUZHA P.O., ALAPPUZHA DISTRICT. R1 & R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R2 & R3 BY STANDING COUNSEL SRI.K.JAJU BABU, THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 1208 of 2008 ------------------------------------------ Dated, this the 31st day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. The appellants/petitioners who were defaulters of a loan were proceeded against under Section 29 of the State Financial Corporations Act and sale of their two properties took place. After the sale, they approached the authorities for giving them the benefit of One Time Settlement Scheme which came to be rejected. 2. The sale proceedings in respect of the second item of property is not yet completed. The appellants prayed for a direction to the Financial Corporation to avail the benefit of One Time Settlement Scheme. 3. Learned counsel appearing for the Financial Corporation submitted that so far as the first item of property is concerned, sale is complete long back and so far as the second item W.A. No.1208 of 2008 - 2 - of property is concerned, proceedings have not yet finalized and the Financial Corporation has not proceeded with the further action. 4. So far as the availability of One Time Settlement Scheme is concerned, it is stated on behalf of the Financial Corporation that the old Scheme has expired and for the current financial year, as soon as new Scheme is formulated, the appellants will be given the benefit of the same, provided they apply for it in time, so far as the second item of property is concerned. The submission appears to be fair. 5. Hence we dispose of the writ appeal with permission to the appellants to approach the Financial Corporation for the One Time Settlement Scheme to be floated in the next financial year and in which event, the Financial Corporation is directed to consider the application within two months from the date of receipt of the same. The Financial Corporation is also directed not to proceed further with the proposed sale proceedings, so far as the second item of property is concerned, till the application for One W.A. No.1208 of 2008 - 3 - Time Settlement Scheme is considered and disposed off. Writ appeal stands disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/dk