High Court of KeralaWP(C)/34168/2015disposed of

Chandrasekharan Nair v. State Of Kerala

2015-11-12Honourable 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 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 34168 of 2015 (U) ---------------------------- PETITIONER :

--------------------- K.P.CHANDRASEKHARAN NAIR AGED 57 YEARS, S/O.K.G.PARAMESWARAN PILLAI RESIDING AT THEKKEKOYIKKAL HOUSE, KOTTAYAM WEST P.O., VELOOR VILLAGE, KOTTAYAM TALUK.

BY ADVS.SMT.LISY T. SKARIA SMT.VINEETHA NARAYANAN RESPONDENT(S) :

----------------------------

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

2. DISTRICT COLLECTOR COLLECTORATE P.O., KOTTAYAM-686 001.

3. DEPUTY THAHSILDAR REVENUE RECOVERY, KOTTAYAM-686 001.

4. STATE BANK OF TRAVANCORE, SARK ZONAL OFFICE, KOTTAYAM-686 001.

5. STATE BANK OF TRAVANCORE CMS COLLEGE BRANCH, KOTTAYAM-686 001 REPRESENTED BY THE BRANCH MANAGER.

R1 TO R3 BY GOVT. PLEADER SMT. LILLY K.T.

R4 & R5 BY ADV. SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 34168 of 2015 (U) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 :

TRUE COPY OF THE CHEQUE FOR RS. 8611 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT DT. 22-3-2009. EXT. P2 :

TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE MANAGER OF THE 5TH RESPONDENT.

EXT. P3 :

TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY CARITAS HOSPITAL, KOTTAYAM.

EXT. P4 :

TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.34168 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November 2015

JUDGMENT

The petitioner, who had availed an educational loan from the 4th respondent respondent bank, defaulted in repayment of the same. Consequently, the respondent bank initiated proceedings under the Revenue Recovery Act, to recover the loan amounts. Ext.P4 is the demand notice issued to the petitioner by the respondent bank. In the writ petition, the petitioner impugns the steps initiated by the respondent bank for recovery of the loan amounts.

I have heard the learned counsel appearing on behalf of the petitioner as also the learned Standing Counsel appearing on behalf of the respondents.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioner is to permit him to remit the balance amounts outstanding to the bank in easy installments. Taking into account the plea of financial hardship raised by the petitioner, I

W.P.(c).No.34168 of 2015 : 2 :

dispose the writ petition with the following directions:- (i) The total outstanding amount, in respect of the loan, as seen from Ext.P4 notice is Rs.1,70,603/- together with accrued interest and collection charges. Accordingly, if the petitioner remits the aforesaid amount of Rs.1,70,603/- as shown in Ext.P4 demand notice, in twelve equal and successive monthly installments, commencing from 30.11.2015, then the recovery steps initiated against him by the respondent bank shall be kept in abeyance.

(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the stage at which they presently stand. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/