M.Sivadasan vs The Kerala State Housing Board on 21 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2850 of 2009()


1. M.SIVADASAN, S/O.BALAN,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE HOUSING BOARD,
                       ...       Respondent

2. THE KERALA STATE HOUSING BOARD,

3. CHIEF REVENUE OFFICER,

                For Petitioner  :SRI.P.PARAMESWARAN NAIR

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :21/12/2009

 O R D E R
               S.R.Bannurmath, C.J. & A.K. Basheer, J.
                   ------------------------------------------
                         W.A. No.2850 of 2009
                   ------------------------------------------
              Dated this the 21st day of December, 2009

                              JUDGMENT

S.R.Bannurmath, C.J.

This writ appeal is filed by the petitioner in W.P.(C)

No.17951 of 2007 challenging the revenue recovery proceedings

initiated by the first respondent Kerala State Housing Board,

Kozhikode Division.

2. The writ petitioner who was a defaulter was offered One

Time Settlement Scheme and inspite of such offer for three times,

which was not availed by him, once again approached this Court with

a challenge as to the new scheme under which he has to pay a balance

amount of Rs.55,000/- as against the sum of Rs.1,84,000/- payable

during the normal course.

3. Noting the conduct of the petitioner/appellant that

inspite of giving him sufficient opportunities, he has not availed the

Scheme and paid the balance amount, the learned Single Judge, in our

view, was justified in declining to grant relief to the

W.A.No.2850 of 2009

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petitioner/appellant. We do not find any illegality or impropriety in

the impugned order passed by the learned Single Judge or in the

action taken by the first respondent. Hence, we find no merit in the

writ appeal and the same is rejected.

4. However, at this stage, on the request of the learned

counsel for the appellant, in the peculiar facts and circumstances of

the case, we deem it proper to extend the time for payment of the

balance amount due under the One Time Settlement Scheme by one

month from today. Since it is the Government which is required to

reimburse the amount to the Housing Board, we direct the

Government to extend the time for payment of the balance amount

due under the One Time Settlement Scheme in this case of the

appellant alone without treating it as a precedent.

S.R.Bannurmath,
Chief Justice

A.K. Basheer,
Judge
vns