IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 50 of 2011(E) ---------------------------------- PETITIONER(S): ----------------------- 1. KULANGARA THOMAS, S/O.POTHAN, 52 YEARS, NO EMPLOYMENT, VAYAKKARA VILLAGE, CHERUPUZHA P.O., KANNUR DISTRICT. 2. THANKAMMA, W/O.KULANGARA THOMAS, VAYAKKARA VILLAGE, CHERUPUZHA P.O., KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE, SRI.M.M.ANTO. RESPONDENT(S): -------------------------- 1. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM-1. 2. THE ASSISTANT SECRETARY, KERALA STATE HOUSING BOARD, PILATHARA BRANCH, P.O.PILATHARA, KANNUR DISTRICT, 670 501. 3. THE VILLAGE OFFICER, VAYAKKARA VILLAGE, VAYAKKARA P.O., CHERUPUZHA, 670 511. 4. THE TAHSILDAR, TALIPARAMBA TALUK, THALIPARAMBA, KANNUR DISTRICT, PIN-670 141. R1 & R2 BY ADV. MR.A. JAYASANKAR, SC. R3 & R4 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.50 of 2011 ------------------------------------------- Dated this the 23rd day of February, 2011 J U D G M E N T ---------------------- Various challenges are seen raised in the writ petition against the revenue recovery proceedings initiated for realising amounts due to respondents 1 and 2, under a housing loan availed by the petitioners. It is now submitted that, on the basis of approach made by the petitioners, the respondents 1 and 2 have agreed to settle the account by allowing considerable waiver under the 'OTS scheme'. 2. Learned standing counsel appearing for respondents 1 and 2 submitted that under the terms of the 'OTS scheme' formulated by the Government the petitioner can be allowed benefit of waiver, and instead of the sum of Rs.16,21,630/- totally due, the petitioner need to remit a sum of Rs.9,75,199/- only, as on today. Learned counsel for the petitioner submits that the said amount will be paid within a period of one month from today. It is also requested to make it clear that an amount of Rs.1,00,000/- (Rupees One lakh W.P.(C).50/2011 -2- only) paid after filing of the writ petition on the basis of the interim order issued on 3.1.2011, shall be given credit against the amount due under the OTS settlement. 3. Under the above circumstances, this writ petition is disposed of permitting the petitioner to settle the loan account under the 'OTS scheme', by giving credit to the amount of Rs.1 lakh paid, against the amounts due under the settlement. 4. In order to facilitate the petitioner to make payment of the balance amounts due and to settle the loan account, the coercive steps of recovery now initiated shall be kept in abeyance for a period of one month. 5. It is made clear that the amount of OTS mentioned above is as on date and the petitioner will be having liability to make payment of the amounts due as on the date of making such payment, under the terms of the scheme. C.K.ABDUL REHIM, JUDGE. okb