IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6170 of 2008(H) ------------------------- PETITIONER: ------------ HARIDASAN, MUTHUVANA HOUSE, P.O.PERUMANNA, KOZHIKODE. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS: ------------- 1. KERALA STATE HOUSING BOARD REP. BY ITS SECRETARY, CHAKKORATHUKULAM, KOZHIKODE. 2. THE TAHSILDAR (RR), KOZHIKKODE. BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6170 of 2008 ------------------------------------- Dated: February 22, 2008 JUDGMENT It is submitted by the petitioner that he is a defaulter to the respondents. He had filed W.P.(C) No.23595/2006 and that was disposed of by Ext.P1 judgment directing that the petitioner shall apply for the benefit of one time settlement scheme before 20th September, 2006. It is stated by the petitioner that he had submitted Ext.P2, but the same was not considered. It is also stated that although he made a reminder by Ext.P3, recovery steps have been initiated by Ext.P4 and it is at that stage this writ petition has been filed. 2. The respondents contended before me that the petitioner had not applied for the one time settlement as directed in Ext.P1, and thereupon in order to prove that the representation was, in fact, forwarded, the petitioner has now produced Ext.P5 acknowledgment card which shows that Ext.P2 was delivered in the office of the respondent at Calicut on 20.9.2006. If, as a matter of fact, that has been received, the respondent ought to have considered the same WP(C) 6170/08 Page numbers before coercive action was taken. Now that Ext.P2 has been proved to have been served on the respondent, I dispose of this writ petition with the following directions:- The petitioner shall remit an amount of Rs.6 lakhs offered to be remitted in Ext.P3 before the respondents within four weeks from today. If remittance as offered by him is made, the respondents shall consider Ext.P2 request made by the petitioner for the benefit of the one time settlement scheme. 3. Subject to remittance as above, I direct that further proceedings pursuant to Ext.P4 shall be kept in abeyance until a decision is taken and communicated on Ext.P2. ANTONY DOMINIC, JUDGE mt/-