IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 16363 of 2009(M) -------------------------- PETITIONER: --------------- SCARIA THOMAS, AGED 60 YEARS, S/O.THOMAS, THANNIPPARA HOUSE, ANAKKARA P.O.,KUMILY. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SMT.P.A.PRIYA RESPONDENTS: --------------- 1. TAHSILDAR (R.R.)UDUMBANCHOLA, NEDUMKANDAM P.O. 2. VILLAGE OFFICER, CHAKKUPALLAM VILLAGE, UDUMBANCHOLA TALUK. 3. THE BRANCH MANAGER, KERALA STATE HOUSING BOARD, KATTAPPANA BRANCH, IDUKKI. 4. T.S.THOMAS, S/O. SCARIA, AGED 38 YEARS, THANNIPPARA HOUSE, ANAKKARA P.O. CHAKKUPALLAM VILLAGE,UDUMBANCHOLA TALUK, IDUKKI DISTRICT. R3 BY ADV. SRI.A.JAYASANKAR, SC KSHB, TVM . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16363 of 2009(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE SETTLEMENT DEED DATED 27.08.2003. EXT.P2 : TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 11.02.2003. EXT.P3 : TRUE COPY OF THE RECEIPT DATED 11.06.2003. EXT.P4 : TRUE COPY OF THE NOTICE DATED 26.02.2009 ISSUED BY THE 1ST RESPONDENT. EXT.P5 : TRUE COPY OF THE JUDGMENT DATED 23.03.2009 EXT.P6 : TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF RS.1,05,000/- EXT.P7 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESP0NDENT DATED 27.03.2009. /TRUE COPY/ P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 16363 OF 2009 ......................................................................... Dated this the 28th July, 2010 J U D G M E N T The petitioner has approached this Court challenging the recovery proceedings taken by the Board so as to realise the amount stated as borrowed by the 4th respondent, who is none other than the son of the petitioner, under a loan transaction. The case of the petitioner is that the property belonging to the petitioner is not liable to be proceeded against, for realisation of the amount due from the 4th respondent . 2. The learned Standing Counsel appearing for the Board submits that the Government has declared 'OTS' Scheme which is available till 30.09.2010 and that, though the total outstanding liability under the loan transaction is Rs.11,20,927/-, the petitioner is required to satisfy only a sum of Rs.7,33,321/- . 3. The learned Counsel for the petitioner submits that even though the petitioner does not have the liability to satisfy W.P.(C) No. 16363 OF 2009 2 the said amount, the petitioner being the father of the 4th respondent is ready to clear the liability under 'OTS', which is stated as available till 30.09;2010. 4. In the above circumstance, the petitioner is at liberty to clear the liability availing the benefit under the 'OTS' on or before 30.09.2010. Subject to the above, the coercive proceedings stated as being initiated pursuant to Ext. P4 shall be kept in abeyance. It is made clear that if any default is committed in honouring the commitment as above, the respondents will be at liberty to proceed against the 4th respondent and his properties for realisation of the entire amount in a lump sum. The Writ Petition is disposed of . P.R. RAMACHANDRA MENON, JUDGE. lk