IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD NOVEMBER 2007 / 2ND AGRAHAYANA 1929 WP(C).No. 33822 of 2007(B) -------------------------- PETITIONER: ------------ S.BABYKUTTY, S/O.SAMUEL, AGED 68 YEARS, CHECKKALAYIL HOUSE, PERUMPUZHA P.O. KUNDARA. BY ADV. SRI.R.MURALEEDHARAN PILLAI SRI.P.V.LONACHAN SRI.J.MADHUSOODANAN PILLAI RESPONDENTS: ------------- 1. THE SECRETARY, KOLLAM CORPORATION OFFICE KOLLAM. 2. THE DEPUTY TAHSILDAR, KOLLAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SC, SRI. CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.33822 of 2007 -------------------------- Dated this the 23rd November, 2007 J U D G M E N T The petitioner availed a housing loan from Kollam Development Authority during the year 1996-97. Though sanction was for an amount of Rs.36,000/- according to the petitioner only a lesser amount was disbursed to the petitioner. Repayment was effected to Rs.445/- per month in 168 instalments. According to the petitioner, he could pay only five instalments. According to the standing counsel for the 1st respondent only two instalments were paid. Be that as it may it is submitted that there has been consistent default since 1997. Consequent upon the abolition of Kollam Development Authority, apparently, the loan account came to be transferred to the 1st respondent. The amount is therefore now repayable by the 1st respondent. There is a demand for penal interest , as evidenced by Exhibit-P5. 2. Learned counsel for the petitioner submits that he is willing to pay the balance amount due in two equal instalments provided he is given the benefit of One Time Settlement Scheme. In the circumstances, after hearing both sides, the writ petition is disposed of in the following terms. i) The petitioner shall file a representation before the 1st respondent clearly expressing his willingness to pay the balance amount W.P ( C) No.33822 of 2007 2 due under the housing loan account, within a period of three weeks from today. ii) On receipt of the representation, the 1st respondent shall consider whether the petitioner is entitled to remission of penal interest and any other levy and determine the actual amount payable by the petitioner. iii) Proceedings may be passed in this regard by the 1st respondent indicating the repayment schedule also and on receipt of the same, the petitioner shall repay the amount de hors the repayment schedule formerly issued by the 1st respondent. iv) The entire process in this regard will be completed, within three months from the date of receipt of the representation. Further proceedings for enforcement of Exhibit-P6 shall be kept in abeyance provided the petitioner pays an amount of Rs.25,000/- along with representation to be submitted in the manner aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No.33822 of 2007 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No.33822 of 2007 2 25th May, 2007