IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 28676 of 2010(H) --------------------------------------- PETITIONER(S): ----------------------- SALY FRANCIS, AGED 37 YEARS, W/O.P.N.FRANCIS, PUTHENPARAMBU, PANNAKKALAM, KUNNUMMA.P.O., THAKAZHI, ALAPPUZHA DISTRICT. BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): -------------------------- 1. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-1. 2. THE ASSISTANT SECRETARY/AUTHORIZED OFFICER, DIVISION OFFICE, KERALA STATE HOUSING BOARD, ALAPPUZHA-688 011. R1 & R2 BY ADV. SRI. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB SRI. A. JAYASANKAR, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J. -------------------------------------- W.P.(C).No.28676 of 2010 -------------------------------------- Dated this the 16th day of September, 2010 J U D G M E N T ---------------------- Petitioner's husband availed a Housing Loan from the 1st respondent Board during the year 1997 by mortgaging the immovable property as security. Repayments in the loan account were defaulted due to various reasons as stated in the writ petition. Recovery steps were initiated by the respondents consequent to the default and the immovable property has now been brought to public sale. Recently the petitioner's husband got a job in Dubai and she is expecting that the amount can be paid off. It is submitted that the sale, which was proclaimed under Ext.P1 on 30.8.2010, was not materialised. However, aggrieved by further steps threatened by the respondents, the petitioner is approaching this court. 2. Eventhough various contentions are raised, I W.P.(C).28676/10-H -2- find no material illegality, irregularity or impropriety with respect to the proceedings of recovery now initiated. However, learned counsel for the petitioner submitted that the State Government had formulated a scheme for 'One Time Settlement' on housing loans availed from the 1st respondent Board, under which extensive benefits will be available to the petitioner. Learned Standing Counsel appearing for the respondents conceded that a scheme formulated by the Government is in operation till 30.9.2010 and eligibility for settlement under the Scheme can be considered, if the petitioner approaches the concerned authority within the said period. 3. Under the above circumstances, I am inclined to permit the petitioner to approach the respondents for settlement of the loan account, claiming benefits under the Scheme formulated by the Government. 4. If the petitioner submits any requests before the authority concerned within a period of one week from today, such authority shall consider possibility of One Time W.P.(C).28676/10-H -3- Settlement of the loan account, on extending the benefits due under the scheme formulated by the Government. A decision in this regard shall be intimated to the petitioner within a week thereafter. It is for the petitioner to settle payment of the amounts due in accordance with such decision. 5. In order to facilitate the petitioner to approach the authority and for the authority to take a decision as directed above, further proceedings for sale of immovable property shall be kept in abeyance for a period of one month from today. Writ petition is disposed of as above. C.K.ABDUL REHIM, JUDGE. okb