Kerala High Court
Nidhin Xavier vs The Manager on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 2ND DAY OF NOVEMBER 2021/11TH KARTHIKA, 1943
WP(C) NO. 23890 OF 2021
PETITIONER:
NIDHIN XAVIER, S/O. P.X. XAVIER,
AGED 30 YEARS, PARAYNTHARA HOUSE,
VIDAKUZHA, THAIKKATTUKARA (P.O.),
ALUVA, ERNAKULAM 683 106,
REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER, P.X. XAVIER, S/O. P.A. XAVIER,
AGED 58 YEARS, PARAYNTHARA HOUSE,
CHURCH ROAD, KATHRIKKADAVU, KALOOR,
ERNAKULAM 682 017.
BY ADVS.
C.BHASKARAN
ARJUN C BHASKAR
RESPONDENT:
THE MANAGER, CANARA BANK,
KALAMASSERY BRANCH, KALAMASSERY,
COCHIN 683 104.
BY SRI.LEO GEORGE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.23890/2021
2
JUDGMENT
Dated this the 2nd day of November, 2021
The petitioner who has availed an Educational Loan
from the respondent has approached this Court seeking to
direct the respondent to consider Ext.P7 representation as
expeditiously as possible.
2. The petitioner submits that he availed an
Educational Loan of `5,25,000/- for studying Degree of
Bachelor of Engineering in Aeronautical Engineering under
the faculty of Mechanical Engineering. The loan was
sanctioned on 05.08.2009. After the Degree Course, the
petitioner got admission to a higher course in Canada. The
petitioner applied for another loan of `9,00,000/-. The
respondent granted that loan. The petitioner could not go to
Canada, as he could not obtain Visa. The petitioner repaid
WP(C)No.23890/2021
the loan. As on 22.08.2014, the loan outstanding was
`5,25,815.35. The petitioner then obtained admission in an
Italian University. The petitioner's account was credited with
`9,16,276.78 towards loan.
3. According to the petitioner, the petitioner
approached the respondent to settle and close the loan
account by paying specified amount as per eligibility and
applied for grant of benefits under Ext.P3 Education Loan
Repayment Support Scheme. However the respondent has
not taken any decision so far.
4. The learned Standing Counsel for the respondent
on instruction submits that the petitioner has in fact availed
two educational loans. The upper limit for total educational
loan that can be provided for an individual is 9 lakhs for the
purpose of getting the benefit of Ext.P3 Education Loan
Repayment Support Scheme. Since the total amount
exceeds `9 lakhs, the petitioner would not be eligible for the
WP(C)No.23890/2021
benefit of Ext.P3 Scheme.
5. I have heard the learned counsel for the
petitioner and the learned Standing Counsel for the
respondent.
6. The petitioner has not received any financial
assistance under the Scheme and no decision on his
application has been communicated to the petitioner. Since
Ext.P7 is pending consideration before the respondent, this
Court do not deem it necessary to adjudicate the issue of
eligibility of the petitioner at this stage. The writ petition can
be disposed of directing the respondent to consider and
take final decision on Ext.P7 and communicate the decision
to the petitioner.
In such circumstances, the writ petition is disposed of
directing the respondent to consider Ext.P7 application
submitted by the petitioner and take a decision thereon
within a period of one month and communicate the decision
WP(C)No.23890/2021
to the petitioner. If the petitioner is aggrieved by the
decision taken by the respondent, it will be open to the
petitioner to approach the Grievance Redressal Committee
provided under Clause 14 of Ext.P3 Scheme.
Sd/-
N. NAGARESH
JUDGE
ncd/03.11.2021
WP(C)No.23890/2021
APPENDIX OF WP(C) 23890/2021
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE BANK ACCOUNT
STATEMENT DATED 17.04.2021.
Exhibit P2 A TRUE COPY OF GOVERNMENT ORDER IN
G.O.(P) NO 65/2017/FIN ISSUED BY THE
ADDITIONAL CHIEF SECRETARY, FINANCE
DATED 16.05.2017.
Exhibit P3 A TRUE COPY OF THE GUIDELINES N
EDUCATION LOAN REPAYMENT SUPPORT
SCHEME ISSUED BY THE GOVERNMENT DATED
01.04.2016.
Exhibit P4 A TRUE COPY OF THE APPLICATION DATED
18.12.2017 SENT BY THE PETITIONER TO
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE ELIGIBILITY
CERTIFICATE ISSUED BY THE VILLAGE
OFFICER, THRIKKAKKARA NORTH.
Exhibit P6 A TRUE COPY OF THE REMIND LETTER OF
THE WARD COUNSELOR DATED 17.04.2021.
Exhibit P7 A TRUE COPY OF THE NOTICE DATED
28.04.2021 ISSUED BY THE PETITIONER
TO RESPONDENT BANK.
