IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 34772 of 2009(N) --------------------------------------- PETITIONER(S): ----------------------- BHASI, S/O.VELAPPAN, MARATH HOUSE, KEERAMKULANGARA DESOM, CHEMBUKKAVU VILLAGE, THRISSUR. BY ADV. MR.DILIP J. AKKARA RESPONDENT(S): ------------------------ 1. THE SECRETARY, FATIMA NAGAR CO-OPERATIVE SOCIETY LTD, REG.NO.224, EAST FORT, THRISSUR. 2. THE SPECIAL SALE OFFICER, KUTTANELLUR, FATIMA NAGAR S C B GROUP, OFFICE OF ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR - 3. 3. THE ASST.REGISTRAR, OFFICE OF ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), AYYANTHOLE, CHUNKAM, THRISSUR - 3. 4. GEETHA, W/O.BHASI, MARATH HOUSE, KEERAMKULANGARA DESOM, CHEMBUKKAVU VILLAGE, THRISSUR. R2 & R3 BY BY GOVT. PLEADER MR.K.S.MUHAMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34772/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MORTGAGE DEED NO.335/00 DTD. 22.1.00 P2:- COPY OF THE APPLICATION DTD. 30.10.09 MADE BY PETITIONER TO THE 2ND RESPONDENT. P3:- COPY OF THE APPLICATION DTD. 30.10.09 BY THE 4TH RESPONDENT TO 2ND RESPONDENT. P4:- COPY OF THE POSTAL ACKNOWLEDGMENTS DTD. 3.11.09. P5:- COPY OF THE APPLICATION DTD. 5.11.09 TO 3RD RESPONDENT. P6:- COPY OF THE POSTAL ACKNOWLEDGMENTS DTD. 10.11.09 P7:- COPY OF THE FINAL REPORT NO.567/03 DTD. 20.1.00 IN CC. 446/03 OF THE CHIEF JUDICIAL MAGISTRATE , THRISSUR. P8:- COPY OF THE CIRCULAR NO.02/2010 DTD. 14.1.10 OF THE REGISTRAR OF CO- OPERATIVE SOCIETIES. TRUE COPY P.S. TO JUDGE tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:34772 OF 2009 N ----------------------------------------------------------- Dated this the 18th February, 2010. JUDGMENT The petitioner had availed two loans from the first respondent bank one in his name and the other in the name of his wife. However, he has defaulted repayment of the loans and therefore, Revenue Recovery Proceedings have been initiated against him. The petitioner and his wife have applied for the benefit of the one time settlement scheme, which is Ext.P8. However, he complains that the said benefit has not been extended to him and to his wife. 2. Though notice was taken out to the respondents in the case, none appears. It is submitted by the counsel for the petitioner that the term of the OTS scheme expires on 28.2.2010. In the above circumstances this writ petition is disposed of directing the respondents 1 to 3 to consider the entitlement of the petitioner and his wife, the fourth respondent, to the benefits of the one time settlement scheme. Till orders are passed in this regard steps for recovery of the loan amount shall be kept in abeyance. This writ petition is disposed of as above. K. SURENDRA MOHAN Judge jj 2 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: