C. Jayapalan vs The District Collector
2022 Latest Caselaw 8807 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
         THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                             WP(C) NO. 20693 OF 2022
PETITIONER:

              C. JAYAPALAN
              AGED 67 YEARS
              S/O. CHAMY, VEETUKUZHY HOUSE, JYOTHI NAGAR, MEKAD, ALUVA,
              ERNAKULAM.
              BY ADVS.
              C.S.MANILAL
              S.NIDHEESH


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              CIVIL STATION, KAKKANADU, ERNAKULAM - 682021.

     2        THE DEPUTY TAHSILDAR,
              TALUK OFFICE, ALUVA ERNAKULAM - 683101.

     3        THE STATE BANK OF INDIA,
              REPRESENTED BY THE BRANCH MANAGER, DEPAUL ACADEMY BRANCH,
              ANGAMALY SOUTH, ANGAMALY, ERNAKULAM - 680308.

              BY ADVS.
              AMMINIKUTTY K., GOVERNMENT PLEADER
              JITESH MENON, STANDING COUNSEL FOR R3



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20693 OF 2022
                                     2




                              JUDGMENT

Dated this the 07th day of July, 2022

The petitioner had availed an education loan in

the year 2013 for the purpose of his daughter's

Engineering studies. As per the loan agreement, the

amount was to be repaid from 2017 onwards. Some

amounts were paid initially and petitioner defaulted

repayment from 2019. This resulted in the Bank

initiating recovery proceedings. The writ petition is filed

seeking an opportunity to repay the balance amount in

easy installments.

2. Learned Counsel for the petitioner submitted

that the petitioner's daughter has not been able to

secure proper employment and the loan period will be

over only in the year 2022. Hence, the petitioner may

be permitted to repay the balance amount in easy

installments.

3. Learned Standing Counsel for the Bank

submitted that, as on 01.07.2022, an amount of

Rs.3,54,133/- is due under the loan account and the WP(C) NO. 20693 OF 2022

petitioner having willfully defaulted repayment from

2019 onwards, is liable to repay the whole amount in

lump. It is submitted that, in case installment facility is

granted, that should be limited to the minimum. It is

pointed out that, revenue recovery proceedings having

been initiated, the petitioner should be directed to pay

the collection charges also.

Considering that the loan was availed for

educational purposes and the undeniable fact that the

pandemic and resultant lockdown has affected the

public at large, I am inclined to dispose of the writ

petition as under;

i. The entire balance amount along with interest and

cost, shall be paid in 15 equated monthly

installments. The petitioner shall also remit the

collection charges due to the revenue recovery

authorities.

ii. The 1st installment shall be paid on or before

15.08.2022 and the balance installments, before

the 15th day of every succeeding month.

iii. Default in any of the installments will result in the WP(C) NO. 20693 OF 2022

benefit of this judgment being withdrawn and the

Bank being at liberty to continue with recovery

proceedings.

iv. If the amounts are paid without default, recovery

based on Ext.P1 shall be kept in abeyance.

Sd/-

V.G.ARUN

JUDGE NB/7-7 WP(C) NO. 20693 OF 2022

APPENDIX OF WP(C) 20693/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.04.2022.

EXHIBIT P2 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE LOAN ACCOUNT DATED 21.06.2022.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE