(iv) Issue a writ of mandamus or other appropriate order
or direction commanding the respondents 4 and 5 to
sanction educational loan of Rs.1,83,82,346/- to the
petitioners within a stipulated time as directed by this
Hon'ble court by accepting the collateral security together
with the indemnity affidavit;
2026:KER:7702
(v) To declare that the 3rd petitioner is entitled to get
sanction and disburse educational loan of Rs.44,69,150/- for
the academic year commencing from 26.1.2026 - 26.1.2027
for Ph D research titled "The Influences of Civil Society in
Defining Development Narratives and Policy Frameworks,
The Experience of the Indian State of Kerala" at Sussex
University of United Kingdom
(vi) Considering the exigencies and necessity for urgent
consideration of the grievance voiced in this Writ Petition,
production of English translations of documents in
vernacular, may kindly be dispensed with for the time being;
(vii) To grant such other reliefs as this Hon'ble Court may
deem just and proper according to the facts and
circumstances of the case;
(viii) Pass an order to impose exemplary costs upon the
respondents." [sic]
2. The 1st petitioner is a retired Executive Engineer,
PWD, the 2nd petitioner is working as Principal in a Higher
Secondary School, and the 3rd petitioner is their son. The
petitioner Nos 1 and 2 own properties covered by Ext.P1 sale
deed, and they are residing therein by constructing a two-
WP(C) NO. 3421 OF 2026 5
2026:KER:7702
storied building, is the submission. Even though the property
is surrounded by boundary walls on four sides, a portion of it
still remains as 'nilam' in the revenue records. Ext.P8 Form-6
application is pending before the authorised officer is the
submission. Meanwhile, the petitioners applied for an
educational loan for the 3rd petitioner and the same was not
processed, stating that the security is not in compliance with
the SARFAESI Act. The Bank directed the petitioners to
correct the entry as dry land for that portion in the records, is
the submission. This may result in the loss of the opportunity
for the 3rd petitioner to go abroad for higher studies. Hence,
this writ petition.
3. This Court directed the Standing Counsel appearing
for the Bank and the Government Pleader to get instructions.
The Senior Counsel, Adv.K.K.Chandran Pillai, after getting
instructions, submitted that the educational loan application
WP(C) NO. 3421 OF 2026 6
2026:KER:7702
of the petitioners with supporting documents was received
yesterday and will be processed today itself by the branch
concerned. If the application is in order, this will be
forwarded to the sanctioning authority, in accordance with the
law. The same is recorded. If that is the case, the main
grievance of the petitioners is redressed. As far as the Form-6
application is concerned, there can be a direction to consider
the same within a time frame.
Therefore, this writ petition is disposed of, with the
following directions :
1) The additional 6th respondent is directed to submit
the necessary report based on Ext.P8 as expeditiously as
possible, at any rate, within one month from the date of
receipt of a certified copy of this judgment.
2) Once the report is received, the 3rd
respondent/competent authority shall consider Ext.P8 (if it
2026:KER:7702
is pending and if it is in order), as expeditiously as
possible, at any rate, within four months from the date of
receipt of the report from the additional 6th respondent.
3) The petitioners will produce a certified copy of this
judgment before the 3rd and the additional 6th respondents
for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 30/01/26
Judgment dictated 30/01/26
Draft judgment placed 30/01/26
Final judgment uploaded 30/01/26
WP(C) NO. 3421 OF 2026 8
2026:KER:7702
APPENDIX OF WP(C) NO. 3421 OF 2026
PETITIONER EXHIBITS
Exhibit 1 TRUE COPY OF THE SALE DEED NO.2984/2002
DATED 28.12.2002 OF MARARIKULAM SUB
REGISTRY
Exhibit P2 TRUE COPY OF THE TAX PAID RECEIPT DATED
2.6.2005 FOR THE PERIOD 2005-2006 ISSUED
FROM KALAVOOR VILLAGE OFFICE
Exhibit P2(a) TRUE COPY OF THE TAX PAID RECEIPT FOR
THE PERIOD 2025-2026 ISSUED FROM
KALAVOOR VILLAGE OFFICE, DATED 2/12/2005
Exhibit P3 PHOTOGRAPHS SHOWING THE RESIDENTIAL
BUILDING CONSTRUCTED IN EXHIBIT-P1
PROPERTY.
Exhibit P4 PHOTOGRAPHS SHOWING THE ALL SIDES OF THE
BUILDING
Exhibit P5 TRUE COPY OF THE BUILDING TAX PAID
RECEIPT DATED 23.1.2026 FOR THE BUILDING
NO.5/808 ISSUED BY THE MARARIKULAM SOUTH
GRAMA PANCHAYAT
Exhibit P6 TRUE COPY OF THE LOCATION SKETCH DATED
12.12.2025 ISSUED BY THE VILLAGE
OFFICER, KALAVOOR
Exhibit P7 TRUE COPY OF THE VALUATION CERTIFICATE
DATED 24.1.2026 ISSUED BY AN APPROVED
VALUER
Exhibit P8 TRUE COPY OF THE APPLICATION DATED
2.12.2025 SUBMITTED BEFORE THE 3RD
RESPONDENT IN FORM 6
Exhibit P9 TRUE COPY OF THE CERTIFICATE DATED
26.12.2025 ISSUED BY THE VILLAGE
OFFICER, KALAVOOR ALONG WITH GAZETTE
NOTIFICATION
Exhibit P10 TRUE COPY OF THE DEGREE CERTIFICATE
ISSUED BY TATA INSTITUTE OF SOCIAL
SCIENCES
Exhibit P11 TRUE COPY OF THE POST GRADUATE DIPLOMA
WP(C) NO. 3421 OF 2026 9
2026:KER:7702
IN INTERNATIONAL HUMANITARIAN LAW ISSUED
BY NALSAR UNIVERSITY OF LAW
Exhibit P12 TRUE COPY OF THE CERTIFICATE AWARDED THE
MASTER OF ARTS WITH MERIT
Exhibit P13 TRUE COPY OF THE OFFER LETTER AND
CONFIRMATION OF ACCEPTANCE FOR STUDIES
DETAILS ISSUED FROM THE UNIVERSITY OF
SUSSEX DATED 17.12.2025
Exhibit P14 TRUE COPY OF THE LOAN APPLICATION
SUBMITTED THROUGH PM VIDHYALAXMI PORTAL
DATED 20.1.2026
Exhibit P15 TRUE COPY OF THE COMMUNICATION DATED
23.1.2026 ISSUED BY THE 4TH RESPONDENT
CERTIFYING THAT COLLATERAL SECURITY
OFFERED BY THE PETITIONERS IS NOT IN
COMPLIANCE WITH SARFAESI
Exhibit P16 TRUE COPY OF THE COMMUNICATION DATED
23.1.2026 ISSUED BY THE 4TH RESPONDENT
STATING THAT THE SECURITY PROPERTY TO BE
CONVERTED AS DRY LAND FOR PROCESSING
EDUCATIONAL LOAN
Exhibit 17 TRUE COPY OF THE APPLICATION SUBMITTED
BEFORE THE 2ND RESPONDENT ON 23.1.2026
Exhibit P18 TRUE COPY OF THE APPLICATION SUBMITTED
BEFORE THE 5TH RESPONDENT THROUGH E-MAIL
DATED, 26/1/2026.
