IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22038 of 2009(Y)
1. VALSALA
... Petitioner
Vs
1. ASST.SECRETARY ,KSHB
... Respondent
For Petitioner :SMT.T.S.MAYA (THIYADIL)
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :04/08/2009
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 22038 OF 2009
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Dated this the 4th August, 2009
J U D G M E N T
The petitioner had availed a housing loan from the first
respondent, available to the Middle Income Group (MIG in short)
to the tune of about Rs. 2 lakhs. It is stated that the petitioner
was prompt enough in remitting the monthly installments , but
she could not continue to effect payments because of some
serious ailments, due to ‘Parkinson’s disease’ from the year
2002.
2. The learned Counsel for the petitioner submits that,
despite all the adverse circumstances, the petitioner, with the
intent to clear the entire liability, had approached the
respondents on many an occasion, seeking to furnish a
statement of accounts giving credit to the payments already
effected and also to extend eligible concessions as being
extended to other similarly situated persons by the Housing
Board. It is stated that the first respondent did not pay any
W.P.(C) No. 22038 OF 2009
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heed to the grievances projected by the petitioner, which made
her to approach this Court, particularly when confronted with
the Revenue Recovery steps as borne by Ext. P1.
3. The learned Standing Counsel for the first respondent ,
on instruction, submits that the benefit of ‘OTS’ was not available
at the relevant time, when the petitioner approached the first
respondent. However, the learned Counsel submits that
necessary instructions have been obtained from the first
respondent, stating that a new notification with regard to ‘OTS’
has already been issued on 31.07.2009 and if the petitioner
approaches the first respondent with a fresh application within
one month, claiming the benefit thereon, the same will definitely
be considered in accordance with law.
4. In the above circumstances, the petitioner is permitted
to approach the first respondent to extend the benefit of ‘OTS’
by filing a detailed representation within one month, also
referring to the payments already effected. On such an event,
the said application shall be considered by the first respondent in
accordance with law and all the eligible benefits shall be
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extended to the petitioner, enabling her to clear the liability as
provided under the Scheme. Subject to the above, all the
coercive steps, stated as being pursued against the petitioner
on the basis of Ext.P1 shall be kept in abeyance, till appropriate
orders are passed on the application to be preferred by the
petitioner for ‘OTS’ as specified above.
The Writ Petition is disposed of accordingly.
P.R. RAMACHANDRA MENON,
JUDGE.
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