IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 26915 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------ JOY.P.P , S/O.PAULOSE, PUTHUSSERY HOUSE, NEDUMPAL,PARAPUKKARA P.O., THOTTIPAL, TRICHUR DISTRICT. BY ADVS. SRI.SAJI MATHEW, SRI.DENU JOSEPH, SRI.JUFIN GEORGE VALOORAN. RESPONDENT(S): ---------------------------- 1. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE COLLECTOR/AUTHORIZED OFFICER, THE SPECIAL DEPUTY COLLECTOR (RR) KERALA STATE HOUSING BOARD,THIRUVANANTHAPURAM. 3. THE KERALA STATE HOUSING BOARD, TRICHUR DIVISION, REPRESENTED BY ITS ASSISTANT SECRETARY. BY ADV. SRI. A. JAYASANKAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010 ALONG WITH WPC.NO.26916 OF 2010 AND WPC. NO.26917 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J --------------------------- W.P(C) No. 26915/2010, 26916/2010 & 26917/2010 ---------------------------- Dated this the 30th day of August, 2010. J U D G M E N T Petitioners in all these three cases have availed housing loans from the first respondent Board, to the tune of various amounts. Having committed default in repayment, respondents had initiated steps for sale of immovable properties mortgaged for securing the loans. The petitioners are challenging notices issued proclaiming sale of the properties. According to the petitioners, the Government have formulated a scheme for 'One Time Settlement' of housing loans availed from the first respondent Board. Under such Scheme, considerable benefit has been provided to the lonees by way of waiver of interest as well as penal interest and other charges. Ext.P2 in all these cases are representations submitted by the petitioners seeking consideration for settlement under the scheme. Grievance of the petitioners is that without considering such requests, the respondents are now proceeding with steps for sale of the properties. 2. Learned standing counsel appearing for the first respondent submitted that the sale has not been materialized in any of these cases. It is also conceded that the petitioners are eligible W.P(C) No. 26915/2010, 26916/2010 & 26917/2010 2 for consideration under the scheme, which is in operation till 30.9.2010. 3. Under the above circumstances, I am of the opinion that these Writ Petitions can be disposed of directing the authority of the first respondent Board concerned, to consider and take a decision on Ext.P2 requests for providing One Time Settlement of the loan account. The authority concerned shall take a decision in this regard in terms of the Scheme formulated by the State Government and shall inform the respective petitioners about such decision. It is also directed that the concerned authority may provide reasonable time and instalment facility for payment of the settled amount in each of these cases. 4. Recovery steps now being pursued shall be kept in abeyance till such decision is taken and intimated to the petitioners. Needless to say that in case of default in payment of such amounts settled, the respondents will be at liberty to proceed with further steps of recovery and on any such event the petitioners will be precluded from raising any further challenge against such proceedings. C.K.ABDUL REHIM, JUDGE