IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 20881 of 2011(I) -------------------------- PETITIONER(S) :- ------------------------- 1. P.R.MOHAN,AGED 65 YEARS, S/O.NARAYANA PANICKER, PARIPIL HOUSE,KUNNAKKAL PO, VALAKOM,MUVATTUPUZHA. 2. KAVITHA MOHAN,AGED 24 YEARS, D/O.P.R.MOHAN,PARIPIL HOUSE,KUNNAKKAL PO, VALAKOM,MUVATTUPUZHA. 3. JAYALAKSHMI MOHAN,AGED 25 YEARS, D/O.P.R.MOHAN,PARIPIL HOUSE,KUNNAKKAL PO, VALAKOM,MUVATTUPUZHA. BY ADV. SRI.M.S.UNNIKRISHNAN SRI.K.SUNIL RESPONDENT(S) :- --------------------------- 1. STATE OF KERALA,REP.BY SECRETARY TO REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. DEPUTY TAHASILDZR (RR), REVENUE RECOVERY,MUVATTUPUZHA,PIN 686 661. 3. VILLAGE OFFICER,VALAKOM,MUVATTUPUZHA, PIN 686 661. 4. SENIOR MANAGER,UNION BANK OF INDIA, MUVATTUPUZHA BRANCH,PIN 686 661. STANDING COUNSEL SRI.A.S.P.KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 20881 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Original of the Lawyer notice dated 15-01-2011. Ext.P2 :- Copy of letter dated 27-01-2011 to the 2nd respondent Bank. Ext.P3 :- Copy of the Demand notice dated 12-07-2011 issued under Sec.7 of RR Act to the 2nd petitioner by the Deputy Thasildar (R.R) Muvattupuzha. Ext.P4 :- Copy of the Demand notice dated 12-07-2011 issued under Sec.7 of RR Act to the 3rd petitioner by Deputy Thasildar (R.R), Muvattupuzha. Ext.P5 :- Copy of the Demand Notice dated 12-07-2011 issued under Sec.34 of RR Act to the 2nd petitioner by the Deputy Thasildar (R.R), Muvattupuzha. Ext.P6 :- Copy of the Demand Notice dated 12-07-2011 issued under Sec.34 of RR Act to the 3rd petitioner by Deputy Thasildar (R.R), Muvattupuzha. Ext.P7 :- Original of the statement of the loan account No.337706550037577 issued by the 2nd respondent Bank to 2nd petitioner. Ext.P8 :- Original of the statement of the loan account No.337706550037578 issued by the 2nd respondent Bank to 3rd petitioner. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge S.SIRI JAGAN, J. ------------------------------------- WP(C) No. 20881 of 2011 -------------------------------------- Dated this the 1st day of August, 2011 JUDGMENT Petitioners have availed of two educational loans from the fourth respondent repayment of which has fallen in arrears. The respondents initiated proceedings under the revenue recovery Act for recovery of the amount due. The petitioners are challenging the same. The petitioners do not dispute the liability to pay. The petitioners only seek facility to regularise the loan account by paying off the defaulted instalments and to continue to pay the balance instalments on due dates as per the original loan agreement. The learned counsel for the fourth respondent bank opposes the same. He also submits that, even if this court is inclined to permit the petitioners to regularise the loan account, the amount payable is Rs.1,39,200/- in each of the two loan accounts. Having heard both sides, I dispose of this writ petition with the following directions:- The petitioners shall pay the outstanding defaulted instalments of repayment of loan in two instalments payable on 01.09.2011 and on 01.10.2011 with interest accrued up to WP(C) No.20881 of 2011 : 2 : that date along with the regular instalments payable for those months as per the original loan agreement. If the petitioners pay the amounts required for regularising the loan account as directed above, the fourth respondent shall permit the petitioners to pay the balance instalments as per the original loan agreement on due dates. If the petitioners pay the instalments also on the due dates, without default, further proceedings for recovery shall be kept in abeyance. However, if the petitioners commit default in payment of either the outstanding amount or any one of the future instalments on due dates as directed above, it would be open to the the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S.SIRI JAGAN JUDGE dmb