IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26474 of 2009(D)
1. VASU @ BHASKARAN, S/O.CHOYI, AGED 52,
... Petitioner
Vs
1. STATE OF KERALA, RPRESENTED BY ITS
... Respondent
2. KERALA STATE HOUSING BOARD,
3. THE TAHSILDAR, ERNAD TALUK,
For Petitioner :SRI.SUNIL KUMAR A.G
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :22/09/2009
O R D E R
C.K.ABDUL REHIM, J.
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W.P.(C).No.26474 OF 2009
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Dated this the 22nd day of September, 2009
J U D G M E N T
———————-
1. Petitioner is approaching this Court aggrieved by the
revenue recovery steps initiated by the 3rd respondent through
Ext.P1 notice, for sale of immovable properties. The arrears
pertains to Housing loan availed by the petitioner from the 2nd
respondent in the year 1997. According to the petitioner the 2nd
respondent is having a Scheme for “One Time Settlement” of the
default loans and that he is entitled for benefit of the Scheme,
wherein he is expecting considerable waiver of interest and
penal interest.
2. Heard standing counsel appearing for the 2nd
respondent, who on the basis of instructions submitted that, the
benefit under “One Time Settlement Scheme” is not available in
the case of the petitioner, because he is falling under the
category of “Higher Income Group” (HIG). However it is for the
2nd respondent to consider eligibility of the petitioner for
settlement under “One Time Settlement Scheme” or for waiver
of any interest or penal interest to any extent possible otherwise.
Petitioner is at present aggrieved by the proposed action for sale
W.P.(C).26474/09 2
of the immovable property scheduled on 22.10.2009.
3. Having considered the facts and circumstances of the
case I am inclined to show indulgence for permitting the
petitioner to pay off the liability in installment, eventhough
interference on merits is very limited. Accordingly the writ
petition is disposed of directing the petitioner to make payment
of an amount of Rs.1,00,000/- on or before 31.10.2009. The
respondents are restrained from proceeding further with the
steps for recovery till such date. On payment of the said amount
the 2nd respondent shall consider the case of the petitioner for
settlement and waiver of interest or penal interest to the
possible extent either under “One Time Settlement Scheme” or
as per the norms and criteria fixed in such cases. The 2nd
respondent will thereupon issue to the petitioner a balance
statement showing the outstanding, after crediting all payments
made till then. The petitioner shall pay off the entire balance as
per such statement, in 5 equal monthly installments starting
from 30.11.2009 and on or before the last day of every
succeeding months.
4. It is made clear that on default in payment of any
amount as stipulated above, the respondent will be free to
proceed with further steps as provided under law. It is also
W.P.(C).26474/09 3
made clear that the benefit granted under this judgment is
subject to the condition that the petitioner is precluded from
raising any further challenge against the proceedings before this
Court or before any other forum.
C.K.ABDUL REHIM, JUDGE.
okb