IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 OP.No. 34621 of 2001(V) ----------------------- PETITIONER: --------------- JOSE JOSEPH, PITTAPILLIL HOUSE, KADAVOOR P.O., POTHANICAD, ERNAKULAM DISTRICT BY ADV. MR. M.A.FAROOQUE MARICKAR RESPONDENTS: --------------- 1. THE DEPUTY TAHASILDAR, REVENUE RECOVERY, TALUK OFFICE, KOTHAMANGALAM 2. THE ASSISTANT SECRETARY, KERALA STATE HOUSING BOARD, BRANCH OFFICE, KOTHAMANGALAM R2 BY ADV. MR. T.R.HARIKUMAR, SC, KSHB POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE PHOTOCPY OF THE NOTICE DATED 19.6.01 ISSUED BY THE SECOND RESPONDENT. EXT.P2 : TRUE PHOTOCPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT DATED 16.6.2001 EXT.P3 : TRUE PHOTOCOPY OF THE DEMAND NOTICE DATED 30.7.01 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY NOTICE EXT.P4 : TRUE PHOTOCOPY OF THE RECEIPT DATED 1.11.2001 ISSUED BY THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ O.P No. 34621 of 2001 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th day of July, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: i. to call for the records leading to Exts. P2 and P3 and quash the same by issue a writ of certiorari; ii. to issue a writ of mandamus or any other writ, order or direction commanding the first respondent to stop all further proceedings pursuant to Ext. P3 notice. iii. to issue a writ of mandamus or .any other writ, order or direction commanding the 1st respondent to repay the collection charges of Rs. 4,762/- recovered by the 1st respondent from the petitioner. iv. to issue a writ of mandamus or any other writ, order or direction commanding the 2nd respondent to re-schedule the loan amount of the petitioner after deducting the penal interest and the amounts already paid by the petitioner and allow the petitioner to repay the installments within the time alloted to the petitioner as per the agreement. v. to issue such other writ, order or direction as deem fit and proper in the facts and circumstances of the case. vi. to allow costs. 2. The sequence of events as narrated in the Writ Petition shows that, the petitioner had availed a 'housing loan' of Rs. 5 lakhs from the second respondent Board in the year 1997. The repayment was to be effected from 1998 and to be completed by effecting 108 installments W.P. (C) No. 34621 of 2010 : 2 : showing the expiry of the tenure of the loan in 2007. But, since the petitioner turned to be defaulter, the respondents proceeded with further steps resorting to the remedy under the Kerala Revenue Recovery Act, which made the petitioner to approach this Court by filing this petition in the year 2001, whereby further proceedings were intercepted, by virtue of the interim order passed by this Court. 3. Obviously, the only prayer of the petitioner was to enable the petitioner to repay the liability within the time alloted as per the agreement, which has already been over and nothing remains further to be considered in this Writ Petition. More over, the prayer to have the request to reschedule the loan account after deducting the penal interest, allotting time as per the agreement, is also stale . 4. However, the learned standing counsel appearing for the respondent Board fairly brought it to the notice of this Court that, the benefit of OTS, notified by the Government is valid till 30.09.2010 and the petitioner can satisfy the liability availing the benefit thereunder. The learned counsel, on instructions, submits that, the total liability actually to be satisfied by the petitioner as on 30.9.2010 will be Rs. 22,49,994/-; whereas, if the petitioner avail the benefit of OTS, only a sum of Rs. 14,73,720/- is to be remitted, giving waiver of more than Rs.7.5 lakhs W.P. (C) No. 34621 of 2010 : 3 : 5. In the above circumstances, the petitioner is permitted to clear the entire liability under the 'OTS' Scheme, if a proper application is made in this regard, satisfying the requirements in terms of the Scheme on or before 30.9.2010. Subject to this, the recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance for the time being. If any default is committed by the petitioner, in satisfying the liability as above, the respondents will be at liberty to proceed with further steps for realization of the entire amount in lump sum. . The Original Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd