IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26820 of 2010(B) -------------------------- PETITIONER: --------------- MS. VIMALA, W/O ARAVINDAKSHAN (LATE), KOOVALAMNIKATHISL HOUSE, EAST CHALAKUDY, THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENTS: --------------- 1. THE KERALA STATE HOUSING BOARD, THRISSURE DIVISION, AYYANTHOLE, THRISSURE 3. REP. BY ITS SECRETARY 2. THE AUTHORISED OFFICER, THE KERALA STATE HOUSING BOARD, THRISSUR DIVISION, AYYANTHOLE, THRISSUR 3. 3. THE DISTRICT COLLECTOR, THRISSUR BY STANDING COUNSEL MR. A. JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 26820 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 20th day of August, 2010 JUDGMENT The petitioner availed a loan of Rs. 1,57,429/- from the respondent Bank for constructing a residential building in the year 1997, creating mortgage over the property in question. But, the repayments could not be effected on time and the petitioner turned to be a defaulter. Met with situation, the respondents proceeded with further steps under the Kerala Revenue Recovery Act, which in turn is under challenge in this Writ Petition. 2. Many a ground has been raised in the Writ Petition, including that no proper notice whatsoever was served to the petitioner, as to the sale scheduled to held on 30.8.2010 vide Ext. P2. The learned counsel for the petitioner submits that, the petitioner is ready and willing to avail the benefit of 'OTS', which is stated as declared and available till 30.9.2010 3. The learned counsel appearing for the respondent Board submits that, if the petitioner prefers a proper application in this regard, the same will be considered and the extent of liability to be cleared by the petitioner under the 'OTS' will be let known to the petitioner. 4. In the above circumstances, this Court finds it fit and proper to permit the petitioner to avail the benefit of 'OTS' . If any such W.P. (C) No. 26820 of 2010 : 2 : application is preferred by the petitioner within '10 days' from the date of receipt of a copy of the judgment, the same shall be acted upon and the petitioner shall be let known the amount to be cleared under 'OTS', which in turn shall be satisfied by the petitioner within the stipulated time. Subject to this, the sale scheduled to be held on 30.8.2010 shall be kept in abeyance for the time being. It is made clear that, if the petitioner commits any default in satisfying the amount to be specified by the Board, the respondents will be at liberty to proceed with further steps for realization of the entire amount in lump sum, from the stage where it stands now. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd