IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29882 of 2007(G)
1. SOBHA @ GLADYS D' CRUZ, W/O. LATE
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE KERALA STATE HOUSING BOARD,
3. THE ASSISTANT SECRETARY (LOANS),
For Petitioner :SRI.DENIZEN KOMATH
For Respondent :SRI.A.JAYASANKAR, SC KSHB, TVM
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/11/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 29882 OF 2007 G
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Dated this the 12th November, 2007
J U D G M E N T
The prayer in this writ petition is to quash Exts.
P2 and P4 and to direct the respondents to consider
Ext. P3 within a time frame. Petitioner submits that
steps are now sought to be initiated for recovery of
the dues which her husband owed to the 2nd respondent.
According to the writ petitioner, she had made Ext. P3
representation seeking reduction of interest and waiver
penal interest as well as an instalment facility to pay
off the actual liability. She complains that ignoring
the representation so made and without passing orders
thereon, liability has been unilaterally quantified and
steps are taken to recover the dues.
2. On instruction, the learned Standing Counsel for
the 2nd respondent submits that Ext. P3 application made
by the petitioner was received by the 2nd respondent
after the period of one time settlement was over. It is
also submitted that presently the liability of the
petitioner has been quantified at Rs. 2,22,645/-.
WPC No.29882/07
– 2 –
3. Since the liability is admitted, and as the
parties are governed by the terms of a contract, the
liability of the petitioner has to be determined in
terms thereof. Reduction is possible only if the 2nd
respondent is willing to favourably consider Ext.P3
representation that is now pending without orders.
4. Irrespective of the fact that the period of one
time settlement which was then in vogue is over, still as
the petitioner has already made Ext. P3 representation
which is admittedly pending without orders thereon, and
as she is willing to discharge the liability, I dispose
of this writ petition directing that the 2nd respondent
shall consider and pass orders on Ext.P3 as expeditiously
as possible, at any rate within a period of four weeks of
receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment
before the 2nd respondent for compliance.
ANTONY DOMINIC
JUDGE
jan/-