IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 23890 of 2009(E) ------------------------------------- PETITIONER(S): ---------------------- N.SHANTHAKUMARAN NAIR, S/O.V.NARAYANA PILLAI, AGED 52 YEARS, RESIDING AT 'DEVIKA', KULAPADA P.O., UZHAMALAKAL, THIRUVANANTHAPURAM. BY ADVS.MR.R.S.KALKURA MR.M.S.KALESH MR.HARISH GOPINATH MR.V.VINAY MENON MR.M.AJAY (IRUMPANAM) RESPONDENT(S): ------------------------ 1. THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY, KERALA STATE HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, BRANCH OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM. BY MR. POOVAPPALLY M.RAMACHANDRAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 23890 OF 2009 ......................................................................... Dated this the 20th August, 2009 J U D G M E N T The petitioner was sanctioned a housing loan of Rs. 58,000/- in the year 1990 and only a sum of Rs.43500/- was stated as availed in this regard. However, it is revealed that the petitioner was not at all prompt enough to effect repayments on time, under which circumstance, there was no other alternative for the respondent Board, but to resort to further coercive steps. 2. The petitioner is aggrieved of Ext. P3 recovery proceedings demanding a sum of Rs. 1,62,586/- due as on 31.08.2008 with such other amounts by way of interest, cost and expenses. 3. The learned Counsel for the respondent Board submits that the last payment effected by the petitioner was in the year 1997, as borne by Ext. P1. It is also brought to the notice of this Court that the petitioner was given several opportunities and concessions to clear the liability including the benefit of 'OTS', as specifically referred to and extended, vide Ext.P2, which, however was not availed by the petitioner. The learned Counsel also submits that notwithstanding the lapse on the part of the petitioner, if the petitioner is ready and willing to clear the entire liability on or before 31.12.2009, the benefit of W.P.(C) No. 23890 OF 2009 2 'OTS', as it exists as on date can very well be extended to the petitioner. 4. The learned Counsel for the petitioner submits that the petitioner has already preferred Ext.P4 representation before the Board. 5. Considering the facts and circumstances, the first respondent -Board is directed to consider and pass appropriate orders on Ext.P4 and the same shall be communicated to the petitioner, as expeditiously as possible and at any rate within one month from the date of receipt of a copy of the judgment. The liability of the petitioner to satisfy the said amount, will depend upon the outcome of the decision taken by the first respondent on Ext. P4. Subject to the above, the coercive steps stated as being pursued against the petitioner shall be kept in abeyance for the time being. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk