High Court Kerala High Court

Vasu @ Bhaskaran vs State Of Kerala on 22 September, 2009

Kerala High Court
Vasu @ Bhaskaran vs State Of Kerala on 22 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26474 of 2009(D)


1. VASU @ BHASKARAN, S/O.CHOYI, AGED 52,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, RPRESENTED BY ITS
                       ...       Respondent

2. KERALA STATE HOUSING BOARD,

3. THE TAHSILDAR, ERNAD TALUK,

                For Petitioner  :SRI.SUNIL KUMAR A.G

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :22/09/2009

 O R D E R
                     C.K.ABDUL REHIM, J.

                     ------------------------------
                   W.P.(C).No.26474 OF 2009
                     ------------------------------

         Dated this the 22nd day of September, 2009


                         J U D G M E N T

———————-

1. Petitioner is approaching this Court aggrieved by the

revenue recovery steps initiated by the 3rd respondent through

Ext.P1 notice, for sale of immovable properties. The arrears

pertains to Housing loan availed by the petitioner from the 2nd

respondent in the year 1997. According to the petitioner the 2nd

respondent is having a Scheme for “One Time Settlement” of the

default loans and that he is entitled for benefit of the Scheme,

wherein he is expecting considerable waiver of interest and

penal interest.

2. Heard standing counsel appearing for the 2nd

respondent, who on the basis of instructions submitted that, the

benefit under “One Time Settlement Scheme” is not available in

the case of the petitioner, because he is falling under the

category of “Higher Income Group” (HIG). However it is for the

2nd respondent to consider eligibility of the petitioner for

settlement under “One Time Settlement Scheme” or for waiver

of any interest or penal interest to any extent possible otherwise.

Petitioner is at present aggrieved by the proposed action for sale

W.P.(C).26474/09 2

of the immovable property scheduled on 22.10.2009.

3. Having considered the facts and circumstances of the

case I am inclined to show indulgence for permitting the

petitioner to pay off the liability in installment, eventhough

interference on merits is very limited. Accordingly the writ

petition is disposed of directing the petitioner to make payment

of an amount of Rs.1,00,000/- on or before 31.10.2009. The

respondents are restrained from proceeding further with the

steps for recovery till such date. On payment of the said amount

the 2nd respondent shall consider the case of the petitioner for

settlement and waiver of interest or penal interest to the

possible extent either under “One Time Settlement Scheme” or

as per the norms and criteria fixed in such cases. The 2nd

respondent will thereupon issue to the petitioner a balance

statement showing the outstanding, after crediting all payments

made till then. The petitioner shall pay off the entire balance as

per such statement, in 5 equal monthly installments starting

from 30.11.2009 and on or before the last day of every

succeeding months.

4. It is made clear that on default in payment of any

amount as stipulated above, the respondent will be free to

proceed with further steps as provided under law. It is also

W.P.(C).26474/09 3

made clear that the benefit granted under this judgment is

subject to the condition that the petitioner is precluded from

raising any further challenge against the proceedings before this

Court or before any other forum.

C.K.ABDUL REHIM, JUDGE.

okb