Shajahan K K vs The District Collector
2023 Latest Caselaw 10990 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       WP(C) NO. 31139 OF 2023
PETITIONERS:

    1     SHAJAHAN K K, AGED 45 YEARS
          S/O KADER KUNJU, KUNNAPPILLIHOUSE ,
          MARAMPALLY P.O, ALUVA, PIN - 673107

    2     JASMINE V S, AGED 38 YEARS
          W/O SHAJAHAN K K, KUNNAPPILLIHOUSE ,
          MARAMPALLY P.O, ALUVA, PIN - 673107

          BY ADVS.
          RAFEEK. V.K.
          U.M.HASSAN
          AATHIRA SUNNY
          SALMAN FARIS
          RAJALAKSHMI R.
          SARITHA K.
          ASWIN K.R.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, COLLECTORATE,
          CIVIL STATION KAKKANAD, ERNAKULAM - 682030

    2     TAHASILDAR, TALUK OFFICE KUNNATHUNADU
          KUNNATHUNADU,ERNAKULAM, PIN - 683561

    3     THE BRANCH MANAGER, CATHOLIC SYRIAN BANK LIMITED
          SOUTH VAZHAKKULAM BRANCH, PIN - 683105

          BY ADVS.
          MADHU RADHAKRISHNAN
          NELSON JOSEPH(K/380/2007)
          M.D.JOSEPH(K/839/2008)
          DEEPAK ASHOK KUMAR(K/1624/2018)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 31139/23
                                     2




                            JUDGMENT

The limited plea of the petitioners in this Writ Petition, as

made by their learned counsel - Sri.Rafeek V.K., is that they be

given an opportunity of approaching the 3rd respondent - Branch

Manager of Catholic Syrian Bank and seek a One-Time-Settlement of

an Education Loan, availed of by them for the study of their

daughter.

2. However, Sri.Madhu Radhakrishnan - learned counsel for

the respondent-Bank, submitted that this is not a case where any

latitude or concession can be granted to the petitioners because, they

are well-settled and their daughter is settled abroad, after education,

with her family. He added that, therefore, the best that the

petitioners can be offered is to approach his client for any legally

available concessions, which, according to him, perhaps, may not be

available now. He, therefore, prayed that this Court may not make

any affirmative declarations in their favour now.

3. When I evaluate and consider the afore submissions, it is WPC 31139/23

without doubt that, as per the Bank, the total due in the afore

Education Loan is over Rs.4.5 Lakhs and the petitioners have

financial capacity to repay the same. It is also stated by Sri.Madhu

Radhakrishnan that there is no 'One-time-settlement Scheme'

available, though a request to be made by the petitioners, can be

considered for concessions, as may be available otherwise. Obviously,

this Court can only accede to this suggestion and nothing more,

particularly when it acts under Article 226 of the Constitution of

India.

In the afore circumstances, I order this Writ Petition, leaving

liberty to the petitioners to approach the Bank for any concessions,

as may be available to them for the purpose of settling the Loan

Account; and if this is done within a period of one week from the

date of receipt of a copy of this judgment, its competent Authority

will hear them and take a final decision, without any avoidable

delay.

Needless to say, if the petitioners are to invoke the liberty as

reserved above, until such time as the Bank takes a decision and

communicate the resultant order to them, the interim order granted WPC 31139/23

by this Court on 26.09.2023 will continue to be in force.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 31139/23


                 APPENDIX OF WP(C) 31139/2023

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE LOAN ACCOUNT PASS BOOK
Exhibit P2          TRUE COPY OF THE LAND TAX RECEIPT OF THE
                    PLEDGED PROPERTY DATED 16.07.2022
Exhibit P3          TRUE COPY OF THE FORM 1 NOTICE UNDER

SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DATED 22.07.2023 Exhibit P4 TRUE COPY OF THE FORM 10 NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT DATED 22.07.2023 Exhibit P5 TRUE COPY OF THE SAID REQUEST DATED 19.09.2023 Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPTS OF THE 1ST AND 2ND PETITIONERS Exhibit P7 TRUE COPY OF THE LAND TAX RECEIPTS OF THE 1ST AND 2ND PETITIONERS