Citation : 2021 Latest Caselaw 4693 Ker
Judgement Date : 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.1869 OF 2020(G)
PETITIONER:
K.T. GEORGE
AGED 64 YEARS
S/O.LATE THOMMAN, KUZHIVELIL HOUSE,
SULTHAN BATHERY POST, WAYANAD DT.
BY ADV. SHRI.A.V.JAMES
RESPONDENTS:
1 THE STATE OF KERALA,
REP. BY THE SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 THE DISTRICT COLLECTOR,
WAYANAD DISTRICT, CIVIL STATION,
KALPETTA, PIN-673521.
3 DEPUTY THAHASILDAR,
SULTHAN BATHERY TALUK, TALUK OFFICE,
WAYANAD DT., PIN-673 592.
4 THE VILLAGE OFFICER,
SULTHAN BATHERY VILLAGE, SULTHAN BATHERY POST,
WAYANAD DT., PIN - 673592.
5 PUNJAB NATIONAL BANK,
REPRESENTED BY THE MANAGER, SULTHAN BATHERY BRANCH,
NOORANAL BUILDING, CHUNGAM, SULTHAN BATHERY POST,
WAYANAD DISTRICT, PIN-673592.
R1-R4 BY ADV. SMT.PRINCY XAVIER, GP,
R5 BY ADV. SRI.SANTHEEP ANKARATH,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1869 OF 2020(G)
2
JUDGMENT
Dated this the 9th day of February 2021
This writ petition was filed seeking the
following reliefs:-
" i) Issue writ of certiorari or any other writ order or direction thereby call for entire records leading to Exhibit-P9 and P10 notices and quash the same.
ii) Issue writ of mandamus or any other writ order or direction thereby directing the respondents to settle the Education Loan amount due as per Exhibit-P4 and P5 Orders of the Government under the Education Loan Repayment Support Scheme.
iii) Issue writ of mandamus or any other writ order or direction thereby directing the 5th respondent to repay the excess amount paid by the petitioner towards the loan amount.
iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, including costs."
2. The petitioner has produced Exts.P11 to
P15 which includes the receipts issued by the 5th
respondent to the petitioner in full satisfaction WP(C).No.1869 OF 2020(G)
of the dues and both sides submit that the account
is closed. In case, the title deeds are retained
by the bank, expeditious steps shall be taken for
releasing the same to the petitioner.
Accordingly, the writ petition is closed.
Sd/-
P.V.ASHA JUDGE DM WP(C).No.1869 OF 2020(G)
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE HIGHER SECONDARY SCHOOL MARK LIST OF THE PETITIONER' DAUGHTER.
EXHIBIT P2 THE TRUE COPY OF THE BANK PASS BOOK.
EXHIBIT P3 THE TRUE COPY OF THE COURSE CERTIFICATE OF THE PETITIONER'S DAUGHTER.
EXHIBIT P4 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 16.5.2017.
EXHIBIT P5 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 28.3.2018.
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 22.8.2017 SUBMITTED BY PETITIONER'S DAUGHTER BEFORE THE 5TH RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 22.8.2017.
EXHIBIT P8 THE TRUE COPY OF THE REJECTION NOTICE ISSUED BY THE 5TH RESPONDENT BY PHONE SMS.
EXHIBIT P9 THE TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 5.12.2019.
EXHIBIT P10 THE TRUE COPY OF THE REVENUE RECOVERY DEMAND NOTICE DATED 11.12.2019.
EXHIBIT P11 THE TRUE COPY OF THE CERTIFICATE ISSUED FROM THE COLLEGE TO THE PETITIONER.
EXHIBIT P12 THE TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P13 THE TRUE COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P14 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. WP(C).No.1869 OF 2020(G)
EXHIBIT P15 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
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