K.O. Rajan vs Kerala State Housing Board on 29 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35148 of 2008(H)


1. K.O. RAJAN,
                      ...  Petitioner
2. SALY RAJAN,

                        Vs



1. KERALA STATE HOUSING BOARD,
                       ...       Respondent

2. ASSISTANT SECRETARY,

3. DEPUTY TAHSILDAR,

                For Petitioner  :SRI.B.RAGUNATHAN

                For Respondent  :POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :29/06/2010

 O R D E R
                   P.R. RAMACHANDRA MENON, J.
             ..............................................................................
                      W.P.(C) No. 35148 OF 2008
              .........................................................................
                       Dated this the 29th June, 2010



                                   J U D G M E N T

The petitioners have approached this Court with the

following prayers:

i) issue a writ of mandamus or other

appropriate writ, direction or order directing the

respondents to allow the petitioners to settle

the loan account for the amount received by

them for construction of a residential building

from respondent 1 and 2 by reducing the rate

of interest at par with the rate claimed by

Banks and similar institutions (9% to 12%) and

allowing to remit the actual dues, as an one

time settlement.

ii) issue a writ of mandamus or other

appropriate writ, direction or order to the

respondents not to claim any penal interest,

default interest or other surcharges from the

petitioners and further restrain the respondents

from claiming any interest from the d ate of

Ext.P3 judgment (27.2.2004);

W.P.(C) No. 35148 OF 2008

2

iii) issue a writ of certiorari or other

appropriate writ, direction or order calling for

the records leading to Ext.P2 and quash the

same;

iv) grant such other orders which this Hon’ble

Court may deem fit and proper in the

circumstances of the case;

And

v) award the cost of this petition to the

petitioners.”

2. The pleadings set forth are sought to be rebutted from

the part of the first respondent by filing a counter affidavit .

The learned Counsel for the petitioners submits that the main

relief pressed before this Court is to extend the benefit of OTS;

which in fact was not extended to the petitioner, despite

approaching the respondents seeking for the said benefit. Later

after filing the Writ Petition, the petitioners chose to remit a

sum of Rs. Four lakhs on 21.03.2009, when the OTS scheme

was in existence and submitted a letter requesting the

respondents to accept the same and to have the loan account

closed. The petitioners were informed that the request of the

W.P.(C) No. 35148 OF 2008

3

petitioners had been forwarded to the higher authorities and that

the position would be let known to them . Finally, as per the

letter dated 07.05.2009, the petitioners were informed that

because of initiation of recovery proceedings under the Revenue

Recovery Act, the matter could not be settled and accordingly,

the cheque was returned to the petitioners .

3. The petitioners have now filed I.A.No. 8561 of 2010,

stating that the Scheme has been revived, which is very much in

existence till 30.09.2010 and hence seeks for a direction to be

issued to the respondents to extend the benefit of ‘OTS’ to the

petitioners.

4. The learned Standing Counsel appearing for the

respondent Board submits that the Scheme stands extended till

30.09.2010 . It is submitted that all eligible benefits available

now under the Scheme will be extended to the petitioners, if the

petitioners file a proper application. A copy of the Government

Order dated 20.04.2010 is also produced before this Court,

along with I.A. No. 8561 of 2010 wherein the benefits under the

Scheme have been highlighted . As per the terms of the said

W.P.(C) No. 35148 OF 2008

4

Scheme, the defaulters are entitled for waiver of 50% of the

default interest and 100% waiver in respect of penal interest.

It is also submitted by the learned Standing Counsel that,

whatever the benefits are available under the Scheme, the same

will be extended to the petitioners.

5. In the above circumstances, the petitioners are

permitted to approach the respondents by filing necessary

application for availing the benefit of ‘OTS’ within the stipulated

time, on which event, the same shall be considered and all

eligible benefits under the Scheme shall be extended to the

petitioners enabling them to close the loan account accordingly.

The Writ Petition is disposed of.

P.R. RAMACHANDRA MENON,
JUDGE.

lk