High Court of KeralaWP(C)/23547/2012dismissed as infructuous

Nafeesa P.K. v. State Of Kerala

2015-01-30Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 23547 of 2012 (P) ---------------------------- PETITIONER :

------------------ NAFEESA P.K., AGED 46 YEARS, W/O. ABDUL MAJEED, KALARICKAL HOUSE, CHANDIPURAM, PENAKOM DESOM, ANNAKARA VILLAGE, THRISSUR DISTRICT PIN-680 508.

BY ADVS.SMT.K.NANDINI SRI.BINU BOSE RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. DISTRICT COLLECTOR CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

3. THE VILLAGE OFFICER MULLASSERY, THRISSUR DISTRICT-680 509.

4. THE CANARA BANK, PAVARATTY BRANCH, REPRESENTED BY BRANCH MANAGER, PAVARATTY, THRISSUR DISTRICT-680 507.

5. THE DEPUTY TAHSILDAR (RR) CHAVAKKAD, THRISSUR DISTRICT-680 506.

R1 TO R3 & R5 BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR R4 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 23547 of 2012 - - - - - - - - - - - - - - - - Dated 30th January, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioner had challenged the recovery proceedings initiated pursuant to the default in an educational loan. The petitioner was initially granted an interim order dated 10.10.2012 on condition, which condition is said to have been complied with. However, later on, on 09.09.2013 the interim order was extended on a further condition of remittance of Rs.50,000/-. The said interim order has not been complied with, submits the learned counsel appearing for the respondents. It is also submitted by the learned counsel appearing for the 4th respondent that the petitioner has now availed of One Time Settlement facility and an amount of Rs.25,000/- also is said to have been paid in pursuance to such settlement. The further payments are pending and recovery would

WP(C).23547/12 only be effected, if the terms of the OTS Scheme are not complied with.

In the above circumstances, leaving open the contentions of the petitioner, the writ petition is dismissed as infructuous.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//