O.J.Joseph v. The Managing Director, Kerala State Road Transport Corporation
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 WP(C).No. 3461 of 2015 (G) --------------------------- PETITIONER(S)/PETITIONER:
---------------- O.J.JOSEPH, AGED 56 YEARS S/O. OUSEPH, STORE KEEPER KERALA STATE ROAD TRANSPORT CORPORATION REGIONAL WORKSHOP, MAVELIKKARA, ALAPPUZHA DISTRICT PIN-690101.
BY ADVS.SRI.C.P.SAJI SMT.P.DEEPA MOHAN RESPONDENT(S)/RESPONDENTS:
-------------------
1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695001.
2. THE BRANCH MANAGER STATE BANK OF TRAVANCORE, MAVELIKKARA MAIN BRANCH MAVELIKKARA-690 101, ALAPPUZHA DISTRICT.
3. THE BRANCH MANAGER STATE BANK OF TRAVANCORE, UZHAVOOR BRANCH KOTTAYAM DISTRICT, PIN-686 634.
4. THE BANKING OMBUDSMAN C/O. RESERVE BANK OF INDIA, BACKERY JUNCTION THIRUVANANTHAPURAM-695033.
R-R4 BY ADV. SRI.SATHISH NINAN R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3461 of 2015 (G) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- EXHIBIT P1- TRUE COPY OF RELEVANT PAGES OF PASSBOOK OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2- TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY THE GOVERNMENT TALUK AYURVEDA HOSPITAL MAVELIKKARA DATED 28-01-2015.
EXHIBIT P3- TRUE COPY OF THE REPRESENTATION DATED 09-01-2015 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P4- TRUE COPY OF THE COMPLAINT DATED 02-01-2015 FILED BEFORE THE BANKING OMBUDSMAN, THIRUVANANTHAPURAM BY THE PETITIONER. EXHIBIT P5- TRUE COPY OF THE REPRESENTATION DATED 29-1-2015 SUBMITTED BEFORE THE 1ST RESPONDENT THROUGH PROPER CHANNEL BY THE PETITIONER.
EXHIBIT P6- TRUE COPY OF THE LETTER DATED 13-01-2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
RESPONDENT(S)' EXHIBITS : NIL.
----------------------------- //TRUE COPY// P.S. TO JUDGE.
V.CHITAMBARESH, J.
--------------------- W.P (C) No.3461 of 2015 --------------------- Dated this the 5th day of March, 2015
J U D G M E N T
There is no arrears in respect of the housing loan availed by the petitioner from the third respondent Bank. But there are arrears in respect of the education loan availed by the petitioner from the third respondent Bank. This is precisely why the second respondent Bank has exercised a lien in the Savings Bank Account maintained by the petitioner.
2. The third respondent Bank shall furnish a statement of accounts to the petitioner after granting the eligible interest subsidy. The statement of accounts shall be furnished within a period of two weeks from today. The petitioner shall start repaying the amount in instalments within one month therefrom. This is in respect of the education loan alone since there is no dispute with regard to the housing loan.
3. The balance amount due in the education loan shall be paid in 6 equal monthly instalments starting from 30.4.2015. The coercive steps as against the petitioner shall be put on hold if the instalments are paid in time. The coercive steps can be initiated
W.P (C) No.3461 of 2015 if the petitioner commits default in the payment of any one of the instalments.
4. The mortgage executed in respect of the housing loan shall be extended to the education loan also as agreed. The third respondent Bank can exercise the lien over the property till both the loans are discharged.
5. The salary due to the petitioner is being credited in the second respondent Bank. The petitioner shall be allowed to operate the account from today if no instalments are defaulted by the petitioner. The Writ Petition is disposed of.
Sd/- V.CHITAMBARESH, Judge.
nj.