The petitioner has approached this Court with the following prayers:
“1. To issue a writ of mandamus or any other appropriate writ, order or direction allowing the petitioners to resettle the accounts and making payments in equal instalments.
2. To issue a writ of mandamus or any other writ, order or direction to the 1st respondent to consider and take appropriate decision on Ext.P2 within a time frame stipulated by this Hon'ble Court.
3. To issue such other appropriate writ, order or direction as deem fit and proper in the facts and circumstances of the case.
4. And to allow the costs.”
2. When the matter came up for admission on 18.09.2014, the following interim order was passed:
“The learned counsel for the petitioner submits that, the petitioner who availed a loan of ₹2 lakhs in the year 98-99, could not clear the liability because of various adverse circumstances and that he is ready to clear the same in a phased manner. It is also stated that, the petitioner is ready to remit a sum of ₹1 lakh within two weeks and make an attempt to save the property as the last chance.
In the said circumstance, the petitioner is directed to remit a sum of ₹1 lakh within two weeks. Confirmation of sale scheduled to be held on 24.09.2014, pursuant to Ext.P1, shall be kept in abeyance for a period of one month.
Post after two weeks.”
W.P.(C) No.24022 of 2014 2
3. Subsequently, the time to satisfy the condition has been extended by two weeks as per order dated 09.10.2014. Today, the counsel for the petitioner submits that, the condition has been satisfied, which is stated as correct as put forth by the learned Standing Counsel appearing for the respondent Housing Board as well.
4. During the course of hearing, the learned Standing Counsel for the Board submits that, an 'OTS' Scheme is in existence and the validity will expire by 31.12.2014. If the petitioner files an application under the said scheme for extending the benefit of the said scheme, the same will be considered to have the extent of liability scaled down substantially.
5. In the said circumstances, the petitioner is set at liberty to file necessary application in this regard before the respondents, claiming the benefit of 'OTS Scheme', within a period of 'two weeks', upon which, the same shall be considered and appropriate orders shall be passed in terms of the Scheme, which shall be communicated to the petitioner. It is for the W.P.(C) No.24022 of 2014 3 petitioner to clear the due amount within the time as stipulated by the respondents under the Scheme. Subject to this, coercive proceedings shall be kept in abeyance till such time.
Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the respondents, for further steps.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp