BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR.JUSTICE SRI.V.BHASKARAN NAMBIAR, RETD. JUDGE AND THE HONOURABLE MR.JUSTICE SRI.K.N.SATHEESAN, RETD. DISTRICT JUDGE. FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 35148 of 2008(H) -------------------------- PETITIONER(S): --------------- 1. K.O. RAJAN, `PINKY', NEAR G.H.S, NEDUMANGAD, THIRUVANANTHAPURAM - 695 541. 2. SALY RAJAN, `PINKY', NEAR G.H.S, NEDUMANGAD, THIRUVANANTHAPURAM - 695 541. BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW SRI.R.SRINATH RESPONDENT(S): --------------- 1. KERALA STATE HOUSING BOARD, REPRESENTED BY SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM - 695 001. 2. ASSISTANT SECRETARY, KERALA STATE HOUSING BOARD, BRANCH OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM - 695 541. 3. DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM - 695 541. ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH ON 22/05/2009, THE FOLLOWING ORDER IS PASSED. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 35148 OF 2008 ......................................................................... Dated this the 29th June, 2010 J U D G M E N T The petitioners have approached this Court with the following prayers: i) issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to allow the petitioners to settle the loan account for the amount received by them for construction of a residential building from respondent 1 and 2 by reducing the rate of interest at par with the rate claimed by Banks and similar institutions (9% to 12%) and allowing to remit the actual dues, as an one time settlement. ii) issue a writ of mandamus or other appropriate writ, direction or order to the respondents not to claim any penal interest, default interest or other surcharges from the petitioners and further restrain the respondents from claiming any interest from the d ate of Ext.P3 judgment (27.2.2004); W.P.(C) No. 35148 OF 2008 2 iii) issue a writ of certiorari or other appropriate writ, direction or order calling for the records leading to Ext.P2 and quash the same; iv) grant such other orders which this Hon'ble Court may deem fit and proper in the circumstances of the case; And v) award the cost of this petition to the petitioners.” 2. The pleadings set forth are sought to be rebutted from the part of the first respondent by filing a counter affidavit . The learned Counsel for the petitioners submits that the main relief pressed before this Court is to extend the benefit of OTS; which in fact was not extended to the petitioner, despite approaching the respondents seeking for the said benefit. Later after filing the Writ Petition, the petitioners chose to remit a sum of Rs. Four lakhs on 21.03.2009, when the OTS scheme was in existence and submitted a letter requesting the respondents to accept the same and to have the loan account closed. The petitioners were informed that the request of the W.P.(C) No. 35148 OF 2008 3 petitioners had been forwarded to the higher authorities and that the position would be let known to them . Finally, as per the letter dated 07.05.2009, the petitioners were informed that because of initiation of recovery proceedings under the Revenue Recovery Act, the matter could not be settled and accordingly, the cheque was returned to the petitioners . 3. The petitioners have now filed I.A.No. 8561 of 2010, stating that the Scheme has been revived, which is very much in existence till 30.09.2010 and hence seeks for a direction to be issued to the respondents to extend the benefit of 'OTS' to the petitioners. 4. The learned Standing Counsel appearing for the respondent Board submits that the Scheme stands extended till 30.09.2010 . It is submitted that all eligible benefits available now under the Scheme will be extended to the petitioners, if the petitioners file a proper application. A copy of the Government Order dated 20.04.2010 is also produced before this Court, along with I.A. No. 8561 of 2010 wherein the benefits under the Scheme have been highlighted . As per the terms of the said W.P.(C) No. 35148 OF 2008 4 Scheme, the defaulters are entitled for waiver of 50% of the default interest and 100% waiver in respect of penal interest. It is also submitted by the learned Standing Counsel that, whatever the benefits are available under the Scheme, the same will be extended to the petitioners. 5. In the above circumstances, the petitioners are permitted to approach the respondents by filing necessary application for availing the benefit of 'OTS' within the stipulated time, on which event, the same shall be considered and all eligible benefits under the Scheme shall be extended to the petitioners enabling them to close the loan account accordingly. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk