IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22696 of 2010(J) -------------------------- PETITIONER: --------------- G.T.SREEKUMAR S/O.GOVINDA PILLA, AGED 48 YEARS, RESIDING AT THATTAMVILAKOM, NANNIYODE, PACHA P.O.,NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. MR. AYYAPPAN SANKAR MR. G.SURARSHAN RESPONDENTS: --------------- 1. AUTHORISED OFFICER, REVENUE RECOVERY, KERALA STATE HOUSING BOARD, NEDUMANGAD BRANCH OFFICE,REVENUE TOWER, NEDUMANGAD, THIRUVANANTHAPURAM. 2. THE ASSISTANT SECRETARY, KERALA STATE HOUSING BOARD, NEDUMANGAD BRANCH OFFICE, REVNEUE TOWER,NEDUMANGAD, THIRUVANANTHAPURAM 3. THE ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, NEDUMANGAD BRANCH OFFICE,REVENUE TOWER, NEDUMANGD, THIRUVANANTHAPURAM. BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR, SC.KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22696 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st day of July, 2010 JUDGMENT The father of the petitioner had availed a loan of Rs. 2,50,000/- from the respondent Board on 25.01.2000, agreeing to repay the same by way of 114 equated monthly installments @ Rs. 4,820/-. But, the repayments could not be effected as scheduled and the father of the petitioner took his last breath on 2.11.2003, making the petitioner to enshoulder the liability. The petitioner is before this Court, because of the coercive proceedings being taken by the respondents to realize the arrears, particularly since the sale is notified to be held on tomorrow. 2. The learned standing counsel appearing for the respondent Board, on instructions, submits that, the total amount due under the loan transaction is Rs. 11,14,239/- and that the matter could be settled by extending the benefit of 'OTS', if the petitioner satisfies a total sum of Rs. 7,70,896/- on or before 30.9.2010. The learned counsel for the petitioner submits that, since the petitioner has not been served with proper statement of accounts, the petitioner earnestly doubts whether the payments made by his deceased father have been given due credit to or not. Reliance is also sought to be placed on Ext. P2 receipt dated W.P. (C) No. 22696 of 2010 : 2 : 10.4.2000 for Rs. 4,820/-, which however has not been properly credited, while issuing Ext. P3 notice. 3. In the above circumstances, the petitioner is permitted to clear the entire amount availing the benefit of 'OTS', effecting requisite payment as per the terms of the Scheme. However, the payments if any effected by the deceased father of the petitioner like Ext. P2, which have not been given credit to, as revealed from Ext. P3 shall be considered and given due credit to. The respondent shall serve a copy of the statement of accounts to the petitioner, showing the payments made and also the outstanding liability to be cleared as on 31.9.2010 within two weeks from the date of receipt of copy of a this judgment. On serving the statement as above, the outstanding liability under the 'OTS' shall be cleared by the petitioner on or before 30.9.2010. Subject to this, the recovery proceedings stated as being pursued against the petitioner, shall be kept in abeyance, for the time being. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd