IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 26444 of 2010(E) -------------------------------------- PETITIONER: ------------------- K.K.KUMARAN, KOOTTUMKAL HOUSE, AMANAKARA P.O., RAMAPURAM, KOTTAYAM. BY ADVS. SRI.P.BABU KUMAR, SRI.P.YADHU KUMAR. RESPONDENTS: ------------------------ 1. THE SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM-695 001. 2. THE ASSISTANT SECRETARY, HOUSING BOARD BRANCH OFFICE, PALA, KOTTAYAM-686 375. R1 & R2 BY SRI. A. JAYASANKAR, S.C, K.S.H.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 26444 of 2010-E ---------------------------- Dated this the 19th day of August, 2010. J U D G M E N T The petitioner had availed a housing loan of Rs.1.75 lakhs in the year 1996. But the repayment could not be effected on time. In the said circumstances, the respondents were constrained to proceed with further steps for realisation of the due amount; in furtherance to which, the property of the petitioner has been caused to be subjected to sale, scheduled on 30th of this month. This made the petitioner to approach this Court by filing this Writ Petition. 2. The case of the petitioner is that, the petitioner is ready and willing to satisfy the liability by way of 'One Time Settlement' and that the petitioner has been let known as to the actual liability to be cleared by him under OTS. As shown in Ext.P8, the total outstanding liability is Rs.9,32,849/-, whereas the actual liability to be cleared by the petitioner availing the benefit of OTS is only Rs.5,11,795/-, making it clear that, it has to be satisfied on or before 30.9.2010. 3. Heard the learned standing counsel appearing for the W.P(C) No. 26444 of 2010-E 2 Board as well. 4. Going by the materials on record, it is quite evident that the petitioner has been permitted to have the benefit of OTS by remitting a total sum of Rs.5,11,795/- on or before 30.9.2010 and this being the position, the sale notified to be held on 30.8.2010 as per Ext.P9 notice does not appear to be correct or sustainable. 5. In the above circumstances, the Writ Petition is disposed of, making it clear that the petitioner is at liberty to satisfy the amount shown in Ext.P8 availing the benefit of OTS on or before the date of expiry of the Scheme. Subject to this, further proceedings pursuant to Ext.P9 shall be kept in abeyance for the time being. It is made clear that, if any default is committed by the petitioner in satisfying the liability as above, the respondents will be at liberty to proceed with appropriate steps for realization of the entire amount in a lump sum. P.R.RAMACHANDRA MENON JUDGE ab