IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 12360 of 2010(T) -------------------------------------- PETITIONER(S): ---------------------- SREENATH GOPI, AGED 26,S/O.LATE GOPI, SREECHAKRAM VEEU, UDYAMPEROOR P.O. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): ------------------------- THE KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTES AND SCHEDULE TRIBES LTD., REPRESENTED BY REGIONAL MANAGER, 32/2510,CHITHRA OPP.TO MUTHOOT HONDA, PALARIVATOOM P.O., KOCHI-25. R1 BY ADV. SRI.M.K.CHANDRA MOHANDAS ,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12360/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DEMAND NOTICE DATED 17/02/2009. P2 COPY OF THE SALARY RECOVERY NOTICE DATED 30/11/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 12360 of 2010 T ``````````````````````````````````````````````````````` Dated this the 22nd day of November, 2010 J U D G M E N T Petitioner, who was a B.Tech student, availed of an educational loan of `49,000/- from the respondent, for which, one Sri.C.V.Nandakumar, a preventive officer of the Excise Department, was the surety. The loan amount was repayable in 60 monthly instalments of `1,100/- from January, 2007 onwards. Default was committed and the respondent issued Ext.P2 notice, requiring to effect recovery from the salary of the surety. It is challenging Ext.P2, this writ petition is filed. 2. The fact that Sri.Nandakumar is the surety is not in dispute. The liability is also not in dispute. If that be so, in view of the default that was committed and since the surety is admittedly liable to make payment, the respondent cannot be faulted for having issued Ext.P2. Therefore, challenge against Ext.P2 is to be rejected and I do so. 3. However, counsel for the petitioner submits that the petitioner has by now completed the course and is looking for an employment. He undertakes that the petitioner will start W.P.(C) No.12360/2010 : 2 : repayment, at any rate, from April, 2011. 4. Having regard to the submissions made and also as the loan was for educational purpose, I feel the time sought for by the petitioner should be granted. In that view of the matter, I dispose of this writ petition with the following directions:- (i) Implementation of Ext.P2 will be deferred till 01-04- 2010. (ii) Petitioner shall pay the first instalment due in terms of the Rules of the first respondent on 01-04-2011 and continue to pay instalments on the first day of the succeeding months. (iii) If payments are made as above, further action based on Ext.P2 will be kept in abeyance. In case the petitioner makes default in payment of either the first instalment or any instalment thereafter, the respondent will be free to proceed with Ext.P2. (ANTONY DOMINIC, JUDGE) aks