The Kerala High Court disposed of a writ petition challenging a revenue recovery notice for a housing loan default. The judgment directed the Housing Board to offer One-Time Settlement benefits and kept further recovery in abeyance for one month.
Housing Board to extend O.T.S. Scheme benefit; recovery pursuant to revenue recovery notice in abeyance for one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR
FRIDAY, THE 2ND MARCH 2007 / 11TH PHALGUNA 1928
WP(C).No. 329 of 2005(L)
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PETITIONER:
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V.LATHA KUMARI, AGED 31, D/O.VIJAYA KUMARI, ARUN NIVAS, PERUMPUZHA, ELAMPALLOOR VILLAGE, KOLLAM.
BY ADV. SMT.T.S.MAYA (THIYADIL)
RESPONDENTS: -------------
*1. STATE OF INDIA, REP. BY THE ASSISTANT SECRETARY, LOANS, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM.
*** “STATE OF INDIA REP. BY” & THE NAME OF THE IST RESPONDENT IS READ AS “THE ASSISTANT SECRETARY, LOANS KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM”.** AMENDED AS PER ORDER DATED 02/03/2007 IN IA NO. 3057/2007.
2. THAHSILDAR, REVENUE RECOVERY OFFICE, KOLLAM.
BY ADV. SRI.A.JAYASANKAR, SC KSHB, TVM GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO: 329/2005
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. COPY OF THE THE RECEIPTS.
EXT.P2. COPY OF THE ORDER DT. 8/1/2003.
EXT.P3. COPY OF THE REPRESENTATION SUBMITTED BEFORE THE R1.
EXT.P4. COPY OF THE ORDER OF R2 DT. 27/11/2004.
EXT.P5. COPY OF THE RECEIPT ISSUED BY R2 DT. 30/1/2007.
EXT.P6 & P6A: COPY OF THE PETITION SENT BY THE PETITIONER BEFORE THE R1 AND ITS POSTAL RECEIPT DT. 28/3/2005.
True copy
tga
K.BALAKRISHNAN NAIR, J.
W.P.(C).No.329 of 2005-L
Dated this the 2nd day of March, 2007
JUDGMENT
The petitioner is in default to the Housing Board in relation to a housing loan of Rs.3 lakhs availed of by her, in 1997. The Board has issued Ext.P4 revenue recovery notice, proposing to recover the amount due to it, from her. This writ petition is filed challenging the said revenue recovery notice and also praying for a direction to furnish the statement of accounts.
WPC 329/2005
2
say, further recovery, if any, will be subject to the payment under that Scheme.
The Writ Petition is disposed of as above.
K.BALAKRISHNAN NAIR, JUDGE.
MS
2 issues framed by the court
Whether the petitioner is willing to settle the loan account under the One-Time Settlement (O.T.S.) Scheme.
Whether the revenue recovery notice should remain in abeyance pending the decision on the settlement scheme.
V. Latha Kumari
State of India, Rep. by the Assistant Secretary, Loans, Kerala State Housing Board, Thiruvanathapuram
Thahsildar, Revenue Recovery Office, Kollam
K. Balakrishnan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
