Sruthy Unnithan vs The District Collector
2021 Latest Caselaw 19480 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                        WP(C) NO. 25049 OF 2020
PETITIONER:

          SRUTHY UNNITHAN
          AGED 27 YEARS
          D/O. UNNITHAN, MEPRATHU HOUSE, ADOOR,
          PARAKODE, PATHANAMTHITTA-691554

          BY ADVS.

          DIPU.R
          SHRI.BASIL MATHEW


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, 2ND FLOOR, COLLECTORATE RD,
          CHITTOOR, PATHANAMTHITTA, KERALA-689645

    2     THE DEPUTY COLLECTOR,
          COLLECTORATE, 2ND FLOOR, COLLECTORATE RD, CHITTOOR,
          PATHANAMTHITTA , KERALA-689 645

    3     THE VILLAGE OFFICER,
          ADOOR VILLAGE, ADOOR TALUK, OPPOSITE REVENUE TOWER,
          PARASSALA, ADOOR , KERALA-691 523.

    4     STATE BANK OF INDIA,
          PARAKODE BRANCH, P.B. NO.1, KAVINTE THEKKETHIL,
          PARAKODE P.O, PATHANAMTHITTA-691 554, REP. BY ITS
          MANAGER.

          BY ADV.

          SMT. VIDYA KURIAKOSE GP
          SRI.JENNY STEPHEN, SC-R4


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25049 OF 2020
                                       2

                   P.V.KUNHIKRISHNAN, J.
                 ========================
               WP(C) NO. 25049 OF 2020
             ========================
     Dated this the 16th day of September, 2021

                                JUDGMENT

The above writ petition is filed with the following prayers:

"i. Call for records in connection with Ext.P2 and quash the same by issuing a Writ of Certiorari. ii. Issue a Writ of Mandamus compelling the 4 th respondent to defer the proceedings for a period of 1 year.

iii. Issue such other order or direction as this Honourable Court deems fit considering the facts and circumstances of the case.

iv. Direct the respondents to pay the cost of the proceedings."

2. The petitioner availed an educational loan for her

M.Tech studies. The grievance of the petitioner is that she was not

able to repay the educational loan because of several difficulties.

She narrated her grievance in the writ petition in detail. According

to the petitioner, because of Covid-19 pandemic she was not able to

get any job and she is in a very difficult position now. There is no

financial back ground to the petitioner to pay the amount

immediately. The counsel submitted that there may be some

indulgence to the petitioner.

WP(C) NO. 25049 OF 2020

3. The standing counsel who is appearing for the 4th

respondent submitted that as on today the total amount due from the

petitioner is Rs.4,85,905/-. The counsel submitted that the course

was completed in 2018 and no amount is paid by the petitioner

towards the educational loan till now. The counsel submitted that if

this Court is allowing installment facility to the petitioner, there

may be a maximum of six installments.

4. I considered the facts in detail. The petitioner completed

M.Tech studies. The country is facing Covid-19 pandemic and in

such situation, it is the case of the petitioner that she was not able to

repay the amount. Since the course was completed in 2018, she is

bound to start repayment now. It is the case of the bank that no

amount is paid till now. In such circumstances, this Court cannot

interfere with Ext.P2 proceedings. But considering the facts and

circumstances of the case, the petitioner can be given an installment

facility to wipe off the entire liability. Even though the counsel for

the bank submitted that the installment facility may be six

installments, considering the present Covid-19 pandemic situation, I WP(C) NO. 25049 OF 2020

think twelve installments can be given to the petitioner to wipe off

the entire dues.

Therefore, this writ petition is disposed in the following

manner:

(i) The petitioner is free to pay the entire amount due to the

4th respondent bank in twelve monthly installments starting from

01.11.2021.

(ii) If there is a default of two consecutive installments, the

respondents are free to proceed with the recovery from the stage of

Ext.P2.

(iii) If the amount is paid as directed in clause (i)&(ii), all

further proceedings consequent to Ext.P2 will be kept abeyance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE scs WP(C) NO. 25049 OF 2020

APPENDIX OF WP(C) 25049/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE STATEMENT OF ACCOUNT PERTAINING TO THE EDUCATIONAL LOAN.

EXHIBIT P2 THE TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED TO THE PETITIONER'S FATHER.

EXHIBIT P3 THE TRUE COPY OF THE ORDER EXTENSION INTERIM ORDER IN WPC 9400 OF 2020 DATED 3.8.2020.