IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 28550 of 2008(W) -------------------------- PETITIONER: ------------------ ARIFA KUTTY, AGED 59 YEARS, K.M.MANZIL, PANAYAM VILLAGE, AMBALAPUZHA VAYAL, PERINAD P.O., KOLLAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENTS: ---------------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. ASSISTANT SECRETARY, KOLLAM DISTRICT OFFICE, KERALA STATE HOUSING BOARD, 4. THE TAHSILDAR (RR), KOLLAM. 5. VILLAGE OFFICER, PANAYAM, KOLLAM. R1,4&5 BY ADV. A. JAYASANKER, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON 17/08/2009 DELIVERED THE FOLLOWING: WP(C).No. 28550 of 2008(W) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF JUDGMENT DATED 16.6.2008 DATED 17.7.2008 PASSED BY FIRST RESPONDENT. P2 : COPY OF ORDER NO.LRC4-10707/08 DATED 17.7.2008 PASSED BY FIRST RESPONDENT. P3 : COPY OF NOTICE UNDER SECTION 49(2) OF THE REVENUE RECOVERY ACT. P4 : COPY OF ORDER NO.33921/82/2005 RD DATED 19.4.2005 PASSED BY FIRST RESPONDENT. RESPONDENTS' EXHIBITS: N I L // TRUE COPY // P.A. TO JUDGE. app/- V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 28550 OF 2008 = = = = = = = = = = = = = == = = = = = = = Dated this the 17th day of August 2009. JUDGMENT Petitioner availed a loan from the Housing Board. Repayment was not effected as per schedule. Subsequently, the amounts have been paid. Petitioner sought for a release of the original title deeds. This was not granted. Hence the writ petition. 2. The counter affidavit has been filed by respondents 2 and 3. Para 7 and 8 reads as follows:- “ 7. After the above adjustments, a sum of Rs.2,72,810.00 is due from the petitioner to close the Loan Account as on 31.08.2009. 8. As the Govt. had extended the OTS scheme, and the petitioner appears to be in the eligible category, he can avail a Waiver of Rs.1,55,309.00. Hence the net amount due for closing of loan account as on 31.08.2009 is Rs.1,17,501/- under OTS scheme.” 3. Learned Counsel for the petitioner submits that the petitioner is willing to pay the amount of Rs. 1,17,501/- but requires some more time. 4. Learned counsel for the respondent submits that if the amount due as on 30.9.2009 is paid, then it shall be treated as adequate. W.P.(C). No. 28550 OF 2008 2 5. Parties agree that the amount due as on 30.9.2009, calculated on the basis of the amount fixed under the OTS Scheme would be Rs.1,20,000/-. 6. The petitioner shall, accordingly, pay an amount of Rs.60,000/- on or before 31.8.2009 and a further amount of Rs.60,000/- on or before 30.9.2009. If it is so done, the payments so made by the petitioner shall be treated as adequate. Her loan account shall be closed and the documents of title deposited by her shall be released. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/