IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21545 of 2010(P)
1. N.CHANDRAN PILLAI,
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE KOLLAM DISTRICT GOVERNMENT SERVANT
3. THE KERALA STATE CO-OPERATIVE HOUSING
4. THE CO-OPERATIVE INSPECTOR OFFICE OF THE
For Petitioner :SRI.C.S.MANILAL
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :02/11/2010
O R D E R
C.T. RAVIKUMAR, J
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W.P.(C)Nos. 21545 & 22454 OF 2010
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Dated this the 2nd day of November, 2010
J U D G M E N T
These writ petitions involve a common issue and
therefore, they are heard jointly and being disposed of by this
common judgment. The petitioners in these writ petitions
availed housing loans from the second respondent society.
The petitioner in the former writ petition availed an amount of
Rs.45,000/- and the petitioner in the latter writ petition
availed a loan of Rs.50,000/-, from the said Society. Irregular
payments resulted in initiation of coercive proceedings against
them and the petitioners are issued with Ext.P5 notices. In
the former writ petition Ext.P5 notice therein was issued on
17.7.2009 and in latter writ petition the Ext.P5 notice
thereunder, was issued on 17.4.2010. It is mainly challenging
Ext.P5 notices that these writ petitions have been filed.
2. According to the petitioners they have already repaid
amounts much more than the loan amounts. The contention of
the petitioner in the former writ petition is that towards the
loan account he had already remitted an amount of
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Rs.81,000/- and in the other writ petition, according to the
petitioner she had already remitted Rs.68,625/-. Essentially,
the claim of the petitioners is that they are entitled to get the
benefit of one time settlement in accordance with Circular
No.2/2010 dated 14.1.2010 to get waiver interest and penal
interest for the purpose of closing their respective loan
accounts. The said circular has been produced by the
petitioners in these writ petitions as Ext.P6 and Ext.P9
respectively.
2. When this matter was taken up for consideration, the
learned Government Pleader submitted that Exts.P6 and P9
circulars viz., circular No. 2/2010 dated 14.1.2010 pertains to
agricultural and non-agricultural loans and it has absolutely
no relevance in the matter of housing loans. That apart, it is
submitted that in respect of housing loans availed from the
Co-operative Housing Federation Ltd, the relevant circular is
Circular No.75/2007-08 dated 16.1.2008. The learned
Government Pleader made available a copy of the said
circular. In these cases, though the petitioners applied for
housing loan from the second respondent society, the loan
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amount was admittedly made available by the 3rd respondent.
This aspect is not at all disputed. Therefore, I am of the view
that the learned Government Pleader is right in his submission
that the relevant circular in these cases, is Circular
No.75/2007-08 dated 16.1.2008.
3. In view of the said circumstances, without making any
observation as to the entitlement of the petitioners to obtain
the benefits of One Time Settlement and also to get waiver of
interest and also penal interest, these writ petitions are
disposed of with a direction to the second respondent to
consider such claims of the petitioners in the light of Circular
No.75/2007-08 dated 16.1.2008. To enable the 2nd respondent
to consider such claims the petitioners shall submit proper
representations carrying their claims in the light of the
aforesaid circular dated 16.1.2008 within two weeks from the
date of receipt of copy of the judgment. In case, the ultimate
decision is to be taken by the 3rd respondent the second
respondent shall forward such representations to the 3rd
respondent for consideration, forthwith. The competent
among the second and third respondents shall consider such
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representations, if received, expeditiously, at any rate, within
a period of two months from the date of receipt of a copy of
such representations along with a copy of this judgment. Till
such time, no further coercive steps pursuant to Ext.P5
notices in these writ petitions, shall be kept in abeyance. The
petitioners shall be afforded with an opportunity of being
heard.
These writ petitions are disposed of accordingly.
Sd/-
(C.T. RAVIKUMAR, JUDGE)
jma
//true copy//
P.A to Judge