IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 31978 of 2011(V) ------------------------ PETITIONER : --------------------- V.P. KAMALAMMA, AGED 55 YEARS, W/O. SREEKANDAN NAIR, SETHU BHAVAN, CHEMBALAM.P.O. KALLAR, IDUKKI DISTRICT. BY ADV. SRI. S. DILEEP (KALLAR) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY OFFICE, NEDUMKANDOM, IDUKKI DISTRICT, PIN 685 553. 3. STATE BANK OF INDIA KATTAPPANA BRANCH, IDUKKI DISTRICT, REP. BY ITS MANAGER, PIN - 685 608. R1 & R2 BY SR. GOVT. PLEADER SRI. S. JAMAL R3 BY ADV. SRI. K.K. CHANDRAN PILLAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 31978 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE DEMAND NOTICE NO. 2011/20690/6 DATED 22.10.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2 : COPY OF THE RECEIPT DATED 18.10.2010 FOR RS. 10,000/- REMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P3 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS, DATED 8.11.2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn S.SIRI JAGAN, J. ================== W.P.(C).No. 31978 of 2011 ================== Dated this the 3rd day of December, 2011 J U D G M E N T The petitioner availed of an educational loan from the 3rd respondent for her daughter, for which loan, the petitioner was a co- obligant. Repayment of the loan was defaulted. The 3rd respondent initiated proceedings through respondents 1 and 2 for recovery of the amounts due. The petitioner submits that the interest demanded is exorbitant. Therefore, the petitioner has filed Ext.P3 representation before the 3rd respondent. The petitioner seeks a direction to the 3rd respondent to consider and pass orders on the same, as also facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the bank. 3. Having heard both sides, I dispose of this writ petition with the following directions: The petitioner shall pay off the balance amounts due in fifteen equal monthly instalments starting from 2.1.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates without default, proceedings for coercive recovery of the amounts shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it would be open to the respondents to w.p.c.31978/11 - : 2 :- continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. In the meantime, the 3rd respondent shall consider and pass orders on Ext.P3, after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge