IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16363 of 2009(M)
1. SCARIA THOMAS, AGED 60 YEARS,
... Petitioner
Vs
1. TAHSILDAR (R.R.)UDUMBANCHOLA,
... Respondent
2. VILLAGE OFFICER, CHAKKUPALLAM VILLAGE,
3. THE BRANCH MANAGER, KERALA STATE
4. T.S.THOMAS,S/O. SCARIA, AGED 38 YEARS,
For Petitioner :SRI.RENJITH B.MARAR
For Respondent :SRI.A.JAYASANKAR, SC KSHB, TVM
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :28/07/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 16363 OF 2009
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Dated this the 28th July, 2010
J U D G M E N T
The petitioner has approached this Court challenging the
recovery proceedings taken by the Board so as to realise the
amount stated as borrowed by the 4th respondent, who is none
other than the son of the petitioner, under a loan transaction.
The case of the petitioner is that the property belonging to the
petitioner is not liable to be proceeded against, for realisation of
the amount due from the 4th respondent .
2. The learned Standing Counsel appearing for the Board
submits that the Government has declared ‘OTS’ Scheme which
is available till 30.09.2010 and that, though the total outstanding
liability under the loan transaction is Rs.11,20,927/-, the
petitioner is required to satisfy only a sum of Rs.7,33,321/- .
3. The learned Counsel for the petitioner submits that
even though the petitioner does not have the liability to satisfy
W.P.(C) No. 16363 OF 2009
2
the said amount, the petitioner being the father of the 4th
respondent is ready to clear the liability under ‘OTS’, which is
stated as available till 30.09;2010.
4. In the above circumstance, the petitioner is at liberty to
clear the liability availing the benefit under the ‘OTS’ on or
before 30.09.2010. Subject to the above, the coercive
proceedings stated as being initiated pursuant to Ext. P4 shall be
kept in abeyance. It is made clear that if any default is
committed in honouring the commitment as above, the
respondents will be at liberty to proceed against the 4th
respondent and his properties for realisation of the entire amount
in a lump sum.
The Writ Petition is disposed of .
P.R. RAMACHANDRA MENON,
JUDGE.
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