IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 32653 of 2009(B) -------------------------- PETITIONER(S): --------------- MATHAI T.J., S/O. YOHANNAN, AGED 52 YEARS, KOKKUTHARAYIL HOUSE, VALACHIRA, KADUTHURUTHY, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. THE KERALA STATE HOUSING BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DEPUTY COLLECTOR & CHIEF RECOVERY OFFICER, THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOTTAYAM. R1 & R2 BY ADV. SRI. A. JAYASANKAR, SC R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32653 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2009 J U D G M E N T 1. Challenge in this writ petition is against revenue recovery steps initiated pursuant to Ext.P2 notice for realisation of amounts due in a loan account availed by the petitioner from the 1st respondent. The petitioner had approached the 1st respondent seeking settlement under the 'One Time Settlement Scheme', as evidenced from Ext.P3. Limited prayer of the petitioner is for a direction to the 1st respondent to consider the request for settlement under the Scheme, and till then to keep in abeyance coercive steps of recovery. 2. Learned standing counsel appearing for the respondents 1 & 2, on the basis of instructions submitted that, the petitioner is eligible to be considered for settlement under the 'One Time Settlement Scheme', which is now prevailing in the 1st respondent Board. Therefore the petitioner can be permitted with facility under the Scheme W.P.(C)No. 32653 of 2009 -2- to pay off the debt before 31.12.2009. 3. Under the above circumstances, I am of the opinion that the petitioner can be relegated to seek remedies under the Scheme, from the 1st respondent. Hence the writ petition is disposed of directing the 1st respondent to consider the request of the petitioner for settlement under the 'One Time Settlement Scheme' and to provide all benefits available thereunder to the petitioner. A decision in this regard shall be taken by the 1st respondent as early as possible, at any rate within a period of two weeks from today. 4. In order to facilitate the respondents to take a decision and the petitioner to abide by conditions of such decision, further steps of recovery pursuant to Ext.P2 is directed to keep in abeyance for a period of two months from today. C.K. ABDUL REHIM JUDGE shg/