IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30171 of 2011(V) -------------------------- PETITIONER(S): --------------- 1. VINAY.P.V., S/O.T.V.VIJAYAKUMARAN NAIR, THEKKEDATHU HOUSE, FATHIMAPURAM P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. 2. T.V.VIJAYAKUMARAN NAIR, THEKKEDATHU HOUSE, FATHIMAPURAM P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SMT.DEEPTHI S.MENON RESPONDENT(S): --------------- 1. DEPUTY TAHSILDAR (R.R), CHANGANACHERRY, KOTTYAM- 686101. 2. BRANCH MANAGER, STATE BANK OF TRAVANCORE, S.B.COLLEGE BRANCH, CHANGANACHERRY, KOTTAYAM- 686101. BY ADV.SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.(C).NO.30171/2011 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT-P1. COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.30171 of 2011 ---------------------------------------------- Dated this the 11th day of November, 2011 JUDGMENT The first petitioner availed of an educational loan from the 2nd respondent. The 2nd petitioner is the 1st petitioner’s father, who guaranteed repayment of the loan amount. The petitioners defaulted repayment of the loan amount. The respondents initiated revenue recovery proceedings for recovery of the amounts due. That is under challenge in this writ petition. 2. I have heard the learned Standing Counsel for the bank also, who opposes the prayers. He further submits that if at all this Court is inclined to permit the petitioners to pay off the amounts in instalments, insofar as the loan is not secured by any mortgage, the petitioners may be directed not to alienate any of their immovable properties. Having heard both sides, I dispose of this writ petition with a direction to the respondents to permit the petitioners to pay the balance amount due under the loan in ten equal monthly W.P.(C)No.30171/11 2 instalments starting from 1.12.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioners commit default in payment of any one of the instalments, 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. However, I make it clear that the petitioners shall not alienate any of their immovable properties and if they do so, they would be liable for contempt of court. Further it would also attract Section 44 of the Kerala Revenue Recovery Act. S. SIRI JAGAN, JUDGE acd W.P.(C)No.30171/11 3 W.P.(C)No.30171/11 4