IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 15086 of 2010(I) -------------------------- PETITIONER: --------------- K.V.JOSEPH, AGED 64, S/O.VARKEY, KAVALAKKATTU HOUSE, MUTTAM P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.ABRAHAM P.GEORGE SMT.C.L.MANJU RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI, CIVIL STATION, PAINAV, IDUKKI. 3. THE DEPUTY TAHSILDAR (RR), THODUPUZHA TALUK, THODUPUZHA. 4. THE VILLAGE OFFICER, MUTTAM VILLAGE, THODUPUZHA. 5. THE STATE BANK OF TRAVANCORE, MUTTAM BRANCH, REP. BY ITS MANAGER, STATE BANK OF TRAVANCORE, MUTTAM. R5 BY ADV. SRI.SATHISH NINAN BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 15086 OF 2010 ......................................................................... Dated this the 25th May, 2010 J U D G M E N T The petitioner had availed a loan of Rs. Seven lakhs from the 5th respondent Bank for the educational purpose of his son. It is stated that though the course has been completed, his son has not obtained any employment and that without any regard to the actual terms of the agreement/loan, coercive steps are being pursued at the instance of the 5th respondent for realisation of the due amount, which made the petitioner to approach the first respondent. After considering the facts and circumstances, the first respondent had passed Ext. P3 order granting some breathing time to the petitioner to clear the liability by remitting 10% of the arrears within the time as specified therein and to have the balance cleared by way of installments, as specified. The case of the petitioner is that even though the petitioner has satisfied the said requirements as contained in Ext. P3 and is continuing to effect the payment by installments, because of some isolated default, the Bank has W.P.(C) No. 15086 OF 2010 2 proceeded with further steps to realise the entire amount in a lump sum, which hence is under challenge in this Writ Petition. 2. Heard the learned Standing Counsel appearing for the 5th respondent Bank as well, who submits on instruction that , taking note of the primary objective of the loan, particularly being the educational sector, the bank is ready and willing to permit the petitioner to clear the outstanding liability in the manner as specified in Ext.P3, subject to the condition that the petitioner continues to effect the payment without fail. The learned Counsel for the petitioner submits that the overdue amount has already been satisfied and the petitioner will effect the installments as specified in Ext. P3 without default. The above submission is recorded and the Writ Petition is disposed of accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk