IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6170 of 2008(H)
1. HARIDASAN, MUTHUVANA HOUSE,
... Petitioner
Vs
1. KERALA STATE HOUSING BOARD
... Respondent
2. THE TAHSILDAR (RR), KOZHIKKODE.
For Petitioner :SRI.M.SHAJU PURUSHOTHAMAN
For Respondent :POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 6170 of 2008
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Dated: February 22, 2008
JUDGMENT
It is submitted by the petitioner that he is a defaulter to the
respondents. He had filed W.P.(C) No.23595/2006 and that was
disposed of by Ext.P1 judgment directing that the petitioner shall
apply for the benefit of one time settlement scheme before 20th
September, 2006. It is stated by the petitioner that he had
submitted Ext.P2, but the same was not considered. It is also
stated that although he made a reminder by Ext.P3, recovery steps
have been initiated by Ext.P4 and it is at that stage this writ petition
has been filed.
2. The respondents contended before me that the petitioner
had not applied for the one time settlement as directed in Ext.P1,
and thereupon in order to prove that the representation was, in fact,
forwarded, the petitioner has now produced Ext.P5 acknowledgment
card which shows that Ext.P2 was delivered in the office of the
respondent at Calicut on 20.9.2006. If, as a matter of fact, that has
been received, the respondent ought to have considered the same
WP(C) 6170/08
Page numbers
before coercive action was taken. Now that Ext.P2 has been proved
to have been served on the respondent, I dispose of this writ
petition with the following directions:-
The petitioner shall remit an amount of Rs.6 lakhs offered to
be remitted in Ext.P3 before the respondents within four weeks
from today. If remittance as offered by him is made, the
respondents shall consider Ext.P2 request made by the petitioner
for the benefit of the one time settlement scheme.
3. Subject to remittance as above, I direct that further
proceedings pursuant to Ext.P4 shall be kept in abeyance until a
decision is taken and communicated on Ext.P2.
ANTONY DOMINIC, JUDGE
mt/-