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Judgment
Justice T.R. Ramachandran Nair
This writ Petition is filed by the petitioner aggrieved by Ext.P7 proceedings under the Revenue Recovery Act, whereby properties have been attached. The petitioner had availed a loan of Rs. 1 lakh in the year 1992 by mortgaging 15 cents of land, it appears that there were several defaults in repayment and petitioner approached this court by filing W.P.(C) No. 29090/2003. Pursuant to interim order passed by this court, he remitted an amount of Rs. 50,000/-. A direction was issued by this court to the second respondent to consider Ext.P1 representation therein and pass orders after hearing the petitioner, It is submitted that even though several occasions he approached the respondents, no orders have been passed. A notice was received by him later as per Ext.P3 showing the details of one time settlement scheme. It is stated that the same is issued without adhering to the directions in the judgment. Later petitioner was afforded a hearing in 2009 pursuant to Ext.P2 judgment. It is submitted that the demand of the petitioner for one time settlement was not considered. Against Ext.P5 communication he filed a representation as Ext.P6. In Ext.P5 the total amount demanded is Rs. 6,61,110/-.
By interim order dated 22.11.2011 this court directed to maintain status quo. By another interim order dated 8.12.2011 this court had stayed the proceedings against item Nos. 1 and 3 mentioned in Ext.P7 before proceeding against item No. 2.
On behalf of third respondent Government Pleader filed counter affidavit. Learned counsel for the petitioner submitted that the Board was not prepared to consider an application for one time settlement while issuing Ext.P5. it appears that one time settlement scheme is prevalent even now. It is submitted by Standing Counsel for the Housing Board that the one time settlement scheme is being extended from time to time and that it is now in force till 31.3.2013. In the light of the existence of one time settlement scheme, the request of the petitioner as per Ext.P6 will be considered by the second respondent under the said scheme which is prevalent even now. A detailed proceeding will be issued to the petitioner showing all the benefits that can be granted under the scheme and other conditions. Appropriate proceedings will be issued within a period of one month. writ Petition is accordingly disposed of. Interim order will continue till the communications are issued. If one time settlement is granted to the petitioner, the prayer of the petitioner to lift the attachment will also be considered on fulfilling the conditions of the one time settlement order to be passed.