IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 14511 of 2011(L) -------------------------- PETITIONER(S): --------------- ANTONY C., VARAIPPUZHA VEEDU, SAKTHIKULANGARA P.O., KOLLAM DISTRICT. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. THE CHAIRMAN, REPRESENTED BY THE KERALA STATE HOUSING BOARD, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 2. THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 3. THE ADMINISTRATIVE OFFICER, KERALA STATE HOUSING BOARD, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. R1 TO R3 BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14511 of 2011 APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE STATEMENTS OF ACCOUNT ISSUED BY THE RESPONDENT TO THE PETITIONER PERTAINING TO THE LOAN NUMBER Q23/HIG90. P2 : COPY OF THE REQUISITION FOR RECOVERY. P3 : COY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 3.12.2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd C.K.ABDUL REHIM, J. --------------------------------------- W.P.(C) No. 14511 OF 2011 --------------------------------------- Dated this the 9th day of June 2011. J U D G M E N T Challenge in this Writ Petition is against revenue recovery steps initiated for realisation of amounts due under a loan account which was available by the petitioner from the respondents. According to the petitioner, the coercive steps of recovery were attempted without considering Ext.P3 representation, through which the petitioner sought for settlement of the account by requesting for waiver of interest/penal interest and other charges to the possible extent. 2. At the time when the Writ Petition is came up for consideration, Standing Counsel appearing for the respondents had informed that the Scheme for one time settlement formulated by the Government is in force and the request of the petitioner can be W.P.(C) No.14511/2011 2 considered in terms of the said scheme. Accordingly, an interim direction was issued to the respondents to consider eligibility of the petitioner for settlement under the Scheme and to inform as to what amount he need be paid for settlement of the account. 3. Today, when the matter is taken up for consideration, learned Standing Counsel appearing for the respondents had produced a copy of the statement furnished by the competent authority of the first respondent Board. It is mentioned therein that the Board has considered the matter in terms of the Scheme for one time settlement and the Board is prepared to grant waiver to the extent of Rs. 2,21,542/- and the balance amount payable is settled at Rs. 3,69,539/-. It is submitted that, if the petitioner is effecting payment of the said amount on or before 30.6.2011, which is the date on which validity of the scheme will expire, the loan amount can be settled and closed. W.P.(C) No.14511/2011 3 4. In the above mentioned circumstance, I am of the view that the Writ Petition can be disposed of directing the petitioner to approach this authorised authority in the first respondent Board for effecting settlement by payment of the amounts as stated above. In the result, the Writ Petition is disposed of directing the petitioner to make settlement of the loan amount as offered by the respondents within the time stipulated. C.K.ABDUL REHIM JUDGE al