High Court of KeralaWP(C)/23543/2015disposed of

Shajil Khan v. The Manager, State Bank Of Travancore

2015-09-03Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 WP(C).No. 23543 of 2015 (P) ---------------------------- PETITIONER(S):

-------------- SHAJIL KHAN 'SNEHATHEERAM', KURAKKADA P.O., KORANI THIRUVANANTHAPURAM - 695 104.

BY ADVS.SRI.SHABU SREEDHARAN SRI.JOLLY GEORGE SRI.K.P.UNNIKRISHNAN (ELOOR) SRI.T.S.PRASANNAKUMAR SRI.K.V.PREMSANKAR SMT.RESHMA ABDUL RASHEED RESPONDENT(S):

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1. THE MANAGER, STATE BANK OF TRAVANCORE PERUNGUZHY BRANCH, THIRUVANANTHAPURAM - 695 305.

2. THE DEPUTY THAHSILDAR (R.R) THALUK OFFICE, CHIRAYANKEEZHU THIRUVANANTHAPURAM - 695 604.

R1 BY ADV. SRI.SATHISH NINAN BY GOVERNMENT PLEADER SMT.K.T.LILLY BY SRI.JAWAHAR JOSE, STATE BANK OF TRAVANCORE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23543 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- P1 - THE TRUE COPY OF THE SAID CIRCULAR DT. 09.4.2014 ALONG WITH THE LETTERS OF THE MINISTRY OF FINANCE AND THE SECRETARIAT OF THE ELECTION COMMISSION.

P2 - THE TRUE COPY OF THE DEMAND NOTICE DT. 16.7.2015. P3 - THE TRUE COPY OF THE NOTICE DT. 22.7.2015. RESPONDENT(S)' EXHIBITS:NIL ------------------------ //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

.......................................................... W.P.(C).No.23543 OF 2015 .......................................................... Dated this the 3rd day of September, 2015

J U D G M E N T

The petitioner, who had availed of an education loan from the 1st respondent, defaulted in repayment of the same. Accordingly, the respondents initiated proceedings under the Revenue Recovery Act. Ext.P2 is the notice issued under the Revenue Recovery Act. When the matter came up for admission before this Court on 07.08.2015, this Court, by an interim order, granted a stay against recovery proceedings, on condition that the petitioner remitted an amount of Rs.10,000/- within one week. The petitioner did not remit the amount within the time granted by this Court. Accordingly, by another order dated 18.08.2015, the petitioner was given a further period of one week to deposit the said amount. When the case was taken up for orders today, it is submitted by counsel for the petitioner that, he has no instructions in the matter.

Counsel for the respondent bank would submit that, the amount that was directed to be paid by the petitioner has not been remitted by the petitioner till date. Taking note of this submission of counsel for the respondent bank, I find that the petitioner is not entitled to any discretionary relief from this Court under Article 226 of the Constitution of India.

Resultantly, the writ petition fails and is accordingly dismissed. A.K.JAYASANKARAN NAMBIAR JUDGE mns/