IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19621 of 2011(C) --------------------------------------- PETITIONER(S): ----------------------- 1. SOBIN PAUL. M., AGED 25 YEARS, S/O. POULOSE, MACHUVANCHERY HOUSE, PRASANNAPURAM. P.O., CHOWARA,. 2. POULOSE, AGED 53 YEARS, MACHUVANCHERY HOUSE, PRASANNAPURAM. P.O., CHOWARA. BY ADV. SRI.RAJIV NAMBISAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM-682 030. 2. DEPUTY TAHSILDHAR, REVENUE RECOVERY, ALUVA, ERNAKULAM DISTRICT, 682 030. 3. THE MANAGER, CANARA BANK, SREEMOOLANAGARAM BRANCH. SREEMOOLANAGARAM, 682 030. R1 & R2 BY GOVT. PLEADER MR.C.K. GOVINDAN. R3 BY ADV. MR.V.B. HARINARAYANAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19621 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE M.B.A. CERTIFICATE. EXT.P2: COPY OF THE LETTER DATED 09/05/2011. EXT.P3: COPY OF THE REQUEST LETTER DATED 20/05/2011. EXT.P4: COPY OF THE DEMAND NOTICE DATED 23/06/2011. EXT.P5: COPY OF THE ACCOUNT STATEMENT DATED 12/07/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 19621 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th day of July, 2011. J U D G M E N T The petitioners are son and father. For the education of the 1st petitioner, they obtained a loan from the 3rd respondent- bank. It has become due for repayment. Revenue recovery proceedings have been initiated for the recovery of the same. The same is under challenge in this writ petition. 2. The petitioners do not dispute the liability to pay or the quantum. The petitioners only seek a facility to pay off the amounts due in instalments. This is opposed by the counsel for the bank. Having heard both sides, I am of opinion that the respondents can show some more leniency to the petitioners especially since this is an educational loan. Accordingly, the writ petition is disposed of with a direction to the respondents to permit the petitioners to pay off the amounts due under the educational loan taken by the petitioners in 10 equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the first working day of succeeding month. If the petitioners pay the amount without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioners commit default in complying with the above directions or in paying any one instalment, it would be W.P(C) No. 19621 of 2011 -: 2 :- open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/