IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3951 of 2009(U) ---------------------------------------------- PETITIONER(S): ---------------------- ONATTUKARA VILLAGE INDUSTRIL CO.OPERATIVE SOCIETY LTD, NO.KV.IND(A)251, KRISHNAPURAM PO., PIN-690533, REP. BY ITS PRESIDENT K.M.IQBAL KHAN, ALMAKAM COTTAGE, KRISHNAPURAM-PO. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): ------------------------- 1. SECRETARY, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 2. PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, ALAPPUZHA DISTRICT. 3. DEPUTY TAHSILDAR, (REVENUE RECOVERY) HARIPAD, ALAPPUZHA DISTRICT. R1 & R2 BY SHRI K.P. HARISH, SC. R3 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 3951 OF 2009 U -------------------------------------- Dated this the 6th February, 2009 JUDGMENT Petitioner Society availed a loan. It was not repaid. The petitioner had approached this Court earlier culminating in Ext.P15 Judgment. The petitioner was permitted to pay the amount in instalments. Thereafter, requesting for the benefit of One Time Settlement, petitioner had filed Ext.P16. That was rejected by Ext.P17. 2. I heard the learned counsel for the petitioner, learned standing counsel appearing for the respondent Board, besides the learned Government Pleader. Shri K.P. Harish, learned standing counsel would point out that a perusal of Ext.P16 would show that the request of the petitioner was to allow the benefit of OTS and to permit the petitioner to pay Rs.85,000/= in instalments and that Ext.P17 is only to be sustained. He submits that if the petitioner files a proper application claiming the benefit of OTS, a decision will be taken in accordance with WPC.3951/09 U 2 law. In such circumstances, the Writ Petition is disposed of as follows: If the petitioner files an application before the first respondent claiming the benefit of OTS within one week from today, a decision will be taken thereon by the first respondent in accordance with law within a period of ten days from the date of filing the application. Till such time as a decision is taken, recovery proceedings against the petitioner will be kept in abeyance. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge