IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 24179 of 2007(C) -------------------------- PETITIONER(S): --------------- V.SREEKUMAR, RAKKONATHU VEEDU, PEYAD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENT(S): --------------- 1. THE DIRECTOR, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 3. THE COMMISSIONER, KHADI BOARD COMMISSION, KHADI AND VILLAGE INDUSTRIES COMMISSION, GRAMODAYA BIRLA, VILE PARK WEST, MUMBAI. 4. THE COMMISSIONER, KHADI BOARD COMMISSION, OPPOSITE AYURVEDA COLLEGE, THIRUVANANTHAPURAM. 5. DEPUTY TAHSILDAR, REVENUE RECOVERY, NEYYATTINKARA. ADV. SRI.LEGY ABRAHAM FOR R4 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN SRI.K.P.HARISH, SC R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF REGD. NOTICE OF R2. P2 COPY OF DEMAND NOTICE DT 11.9.06. P3 COPY OF ORDER DT 11.7.07. P4 COPY OF STATEMENT DT 17.3.07. P5 COPY OF REPRESENTATION DT 13.7.07 TO R1 P6 COPY OF REPRESENTATION DT 13.7.07 TO R3 P7 COPY OF REPRESENTATION DT 13.7.07 TO R4 P8 COPY OF SALE NOTICE BY R5. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 24179 OF 2007 C ```````````````````````````````````````````````````` Dated this the 29th day of September, 2008 J U D G M E N T Petitioner availed loan from the Kerala Khadi and Village Industries Board. It was not repaid. Recovery proceedings are reached where the petitioner's property put up for sale on 3.10.2008. Though there is an interim order directing the petitioner to pay Rs.5 lakhs as a condition for stay, the petitioner has not complied with the order. 2. I heard both parties. Learned counsel for respondents 1 and 2 submits that if the petitioner files application for one time settlement and pays a substantial amount, the application can be considered and the proceedings can be deferred. Accordingly, writ petition is disposed of as follows. If the petitioner files an application before the 2nd respondent claiming the benefit of one time settlement accompanied by payment of Rs.3 lakhs, the 2nd respondent WPC.24179/08 : 2 : will consider and take a decision thereon, in accordance with law, within one month from the date of receipt of a copy of this judgment, provided the petitioner makes the application and the payment on or before 30.9.2008. If the petitioner files application and makes payment as aforesaid, recovery proceedings will be kept in abeyance for six weeks from today. It is made clear that if the petitioner does not make the application and payment as aforesaid on or before 30.9.2008, the sale can go on. (K.M.JOSEPH, JUDGE) aks