IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 7017 of 2011(B) -------------------------------- WRIT PETITIONER(S): -------------------------- SANALKUMAR T., S/O. BHANUMATHY AMMA, VALIYAKOVILAKATH, AVALUKUNNU P.O., SOUTH ARYAD, ALAPPUZHA. BY ADVS. SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S): --------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM-695 001. 2. THE DIVISIONAL OFFICER, KERALA STATE HOUSING BOARD, ALAPPUZHA DIVISION, ALAPPUZHA-688 001. 3. THE SPECIAL DEPUTY COLLECTOR (RR) AND CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. BY ADV. SRI.JAYASANKAR, SC., K.S.H.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 7017/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DEATH CERTIFICATE DATED 29/05/2010. P2: COPY OF THE INTIMATION DATED 17/12/2009. P3: COPY OF THE COMMUNICATION DATED 26/11/2010 ADDRESSED TO THE 1ST RESPONDENT WITH COPY SERVED ON THE DIVISIONAL OFFICE AT ALAPPUZHA. P4: COPY OF THE COMMUNICATION DATED 03/02/2011 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE DECEASED MOTHER EXTENDING THE BENEFIT OF THE SETTLEMENT. P5: COPY OF THE NOTICE DATED 06/12/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.7017 of 2011 ------------------------------- Dated this the 7th day of June, 2011. J U D G M E N T Revenue recovery proceedings initiated for realisation of amounts due under a housing loan account, which was availed by the deceased mother of the petitioner from the respondents, is the subject matter of challenge in this writ petition. Admittedly, the borrower had defaulted payment and recovery steps are now being pursued against the petitioner, who is the legal heir. Even though various contentions are raised in this writ petition, I do not find any legally tenable ground to hold that the petitioner is not liable for payment of the amounts due. 2. It is pointed out that the petitioner had approached the respondents seeking settlement of the account by claiming benefits under 'one time settlement scheme' formulated by the State Government for settlement of loans availed from the 1st respondent Board. It is conceded that such request was considered by the respondents and an 2 W.P.(C).No.7017 of 2011 intimation was given to the petitioner permitting waiver of certain amounts and requesting the petitioner to remit the balance on or before 30.6.2011. 3. Learned counsel for the petitioner made submissions to the effect that the calculation of interest and penal interest in the offer issued for settlement, is not true and correct. It is left open to the petitioner to approach the appropriate authority among the respondents to correct such mistakes, if any, in computing the interest. However, learned standing counsel for the respondents conceded that the petitioner is entitled for the benefits of the scheme and if the petitioner makes payment of the amounts due on or before 30.6.2011, the loan account can be closed. 4. Under the above mentioned circumstances, the writ petition is disposed of granting liberty to the petitioner to settle the account under the 'one time settlement scheme' by approaching the appropriate authority among the respondents. It is made clear that if any genuine mistake is pointed out with respect to calculation of interest, the 3 W.P.(C).No.7017 of 2011 authority concerned shall look into the same and effect rectification. 5. Under the above mentioned circumstances, the writ petition is disposed of reserving liberty to the petitioner to settle the loan account under the 'one time settlement scheme' subject to observations contained herein above. 6. In order to facilitate the petitioner to settle the account as directed above, the respondents are directed to keep in abeyance further recovery steps for a period of one month from today. C.K.ABDUL REHIM, Judge ami/