IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 30446 of 2011(E) --------- -------------------------- PETITIONER(S): ---------------------- 1. JOY T.J., AGED 58, S/O. ULAHANNAN, RESIDING AT THOTTUPURAM HOUSE, PERUMBALLOOR P.O., PIN-686 673, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. HIMESH JOY, AGED 25, S/O. JOY T.J., RESIDING AT THOTTUPURAM HOUSE, PERUMBALLOOR P.O., PIN-686 673, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADVS. SRI.K.C.ELDHO SRI.JIJO THOMAS RESPONDENT(S): ------------------------- 1. DEPUTY TAHSILDAR(REVENUE RECOVERY), OFFICE OF THE DEPUTY TAHSILDAR, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661. 2. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS MANAGER, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661. BY GOVT. PLEADER SRI.S.JAMAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 30446 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : A TRUE COPY OF THE RR NOTICE DTD.15.10.11 ISSUED U/S.34 OF THE ACT BY THE 1ST RESPONDENT. EXT.P2 : A TRUE COPY OF THE RR NOTICE DTD.15.10.2011 ISSUED U/S.7 OF THE ACT BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU S.SIRI JAGAN, J. ================== W.P.(C).No. 30446 of 2011 ================== Dated this the 17th day of November, 2011 J U D G M E N T The 2nd petitioner availed of an educational loan from the 2nd respondent bank, for repayment of which, the 1st petitioner is the guarantor. The 2nd petitioner defaulted repayment of the instalments of loan. The respondents initiated revenue recovery proceedings for recovery of the said amount. The petitioners challenge the same. The petitioners seek facility to regularise the loan account and to pay off the future instalments on the due dates as per the original loan agreement. 2. This is opposed by the learned Standing Counsel for the bank. 3. However, in view of the fact that the loan is an educational loan, I am inclined to permit the petitioners to regularise the loan account. Accordingly, this writ petition is disposed of with the following directions: If the petitioners pay the amounts stipulated by the bank for regularising the loan account within one month, the 2nd respondent shall permit the petitioners to regularise the loan account and to pay off the future instalments as per the original loan agreement. If the petitioners comply with the above directions and continue to pay the future instalments as per the original loan agreement on the due dates w.p.c.30446/11 - : 2 :- without default, proceedings for coercive recovery of the amount shall be kept in abeyance. However, if the petitioners commit default in payment of either the defaulted amounts or any of the future instalments as per the loan agreement, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge