IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 20208 of 2007(E) ----------------------------------------- PETITIONER(S): ------------------------ 1. SIDHARTHAN P.A., AGED 53 YEARS, S/O. ACHUTHAN K.M., AMBADIYIL HOUSE, KALAVAMKODAM, CHERTHALA, ALAPPUZHA DISTRICT. 2. T.BIJI, AGED 39 YEARS, W/O. SIDHARTHAN P.A., AMBADIYIL HOUSE, KALAVAMKODAM, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. MR.M.P.KRISHNAN NAIR RESPONDENT(S): ---------------------------- 1. KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM, REP. BY THE MANAGING DIRECTOR. 2. THE DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, KUMARANASAN SMARAKA MANDIRAM, COURT ROAD, ALAPPUZHA. 3. DEPUTY TAHSILDAR, (REVENUE RECOVERY), KERALA FINANCIAL CORPORATION, ALAPPUZHA. R1 & R2 BY ADV. SRI.S.SREEKUMAR R3 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20208/2007 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SANCTION LETTER NO.ALPY/1882/99 DTD. 23/11/99 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE CASH RECEIPT VOUCHER DTD. 3/01/2000 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE RECEIPT DTD. 5/03/2005 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE LETTER DTD. 1/11/2006 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.P5: COPY OF THE REPLY, DTD. 14/11/2006 ISSUED FROM THE OFFICE OF THE FINANCE MINISTER. EXT.P6: COPY OF THE RECEIPT DTD. 10/11/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE TELEGRAM DTD. 8/12/2006 SENT BY THE 2ND RESPONDENT TO THE FIRST PETITIONER. EXT.P8: COPY OF THE LETTER DTD. 16/01/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P9: COPY OF THE LETTER NO.ALP/KFC/010151110/118/07 DTD. 20/03/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P10: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT. EXT.P11: COPY OF THE LETTER NO.8/03/170/05/07 DTD. 5/06/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P12: COPY OF THE CERTIFICATE NO.C2-112/2001 DTD.29/07/2003 ISSUED BY THE SECRETARY VAYALAR GRAMA PANCHAYAT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 20208 of 2007 ------------------------------------ Dated this the 13th day of March, 2009 JUDGMENT Petitioners had availed a loan of Rs.1,30,000/- for starting a coir unit. The loan was availed of in 1999 and default was committed in the matter of repayment. According to the petitioners, they had paid Rs.38, 675/- to the respondents towards the loan availed of. It is stated that they had made an application for the benefit of One Time Settlement scheme and in compliance of the direction issued by the respondents, they have remitted Rs.8,000/- also. However their request for One Time Settlement was rejected as per Exhibit P9 communication. It is challenging this communication, this writ petition has been filed. 2. Counsel for the petitioners contended that the decision was taken without reference to the discussion that was held in response to Exhibit P8 and also the remittances that were made. Therefore, according to him, the matter needs reconsideration. 3. I am inclined to agree with the counsel for the petitioners. However, the fact remains that as on 30/03/2007, the outstanding liability of the petitioner was Rs.3,50,000/-. W.P.(C) No. 20208/2007 2 Therefore, it is essential that the petitioner should make payment of a portion of the amount due as a condition precedent for reconsidering his request for One Time Settlement Scheme. 4. Therefore, the writ petition is disposed of with the following directions; That within four weeks from today, the petitioner shall remit Rs.1,50,000/- to the second respondent. Subject to the remittance as above, Exhibit P9 referred to above will stand set aside and the request dated 9/11/2006 of the petitioner for One Time Settlement referred to in Exhibit P9, shall be reconsidered with notice to the petitioners and orders shall be passed within four weeks thereafter. Needless to say, if no remittance is made as above, the writ petition will automatically stand dismissed and the respondents will be free to proceed further. ANTONY DOMINIC, JUDGE scm