IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 20005 of 2010(A) -------------------------- PETITIONER(S): --------------- 1. SHAHEEN KHALID,S/O.R.V.KHALID, R.V.NIVAS,EAST NADA,GURUVAYOOR. 2. R.V.KHALID,R.V.NIVAS,EAST NADA, GURUVAYOOR. BY ADV. SRI.A.D.SHAJAN SRI.S.SHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REP;BY SECRETARY TO GOVT HIGHER EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE BANK OF INDIA,MAHESWARI BUILDING, M.G.ROAD,THRISSUR-680 001. 3. DEPUTY TAHSILDAR(RR),TALUK OFFICE, CHAVAKKAD. ADV. SRI.N.RAJAGOPALAN NAIR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------- W.P(C) No.20005 of 2010-A ---------------------------- Dated this the 22nd day of September, 2010. J U D G M E N T Revenue recovery proceedings initiated against the petitioners for realizing the amounts due to respondents 1 and 2, which is arrears outstanding in the account of an educational loan, is under challenge. The loan in question was taken for perusing studies of the first petitioner for MBBS course. According to the petitioners, the first petitioner had completed internship as on 31.8.2009. But he could not make payments in the loan account. Since the amounts were not remitted, pursuant to demand notice issued by the respondent Bank, steps for revenue recovery was initiated at the behest of respondents 1 and 2. Ext.P2 is the notice issued under provisions of the Kerala Revenue Recovery Act. The petitioners are assailing the proceedings based on the dispute regarding correctness of the amount. It was also contended that, as per the Scheme promoted by the Central Government all Banks were advised to give considerable waiver of interest in loans availed for educational purposes. It is submitted that inspite of approaches W.P(C) No.20005 of 2010-A 2 made by the petitioners, the Bank is not considering such waiver. 2. Learned counsel for respondents 1 and 2 has made available for my perusal a copy of the Circular in question providing subsidy in the interest of educational loans. Attention is drawn to Clause 10 of the Circular wherein it is stated that the scheme will be applicable only from the academic year 2009-10 starting 1st April 2009 and it will be applicable only with respect to disbursements made by the Banks on or after 1st April 2009 for the academic year 2009-10. Since the loan in question was availed in the year 2001, the benefit of the scheme is not available in the case of the petitioners, is the contention of the respondents. 3. Going by the rival contentions, I am of the view that the petitioners could not produce any materials, which will convincingly indicate that they are entitled for any waiver of interest, based on any scheme as claimed in this writ petition. With respect to the dispute pertaining to the amounts in arrears, this Court is not in a position to enter upon an adjudication or to arrive at any findings. Hence interference with the impugned proceedings under this writ petition is not at all warranted. 4. Having confronted with the above situation, learned W.P(C) No.20005 of 2010-A 3 counsel for the petitioners made an appeal seeking indulgence of this Court in permitting payment of the entire balance within a reasonable time, in instalments. It is also prayed that the petitioners may be given liberty to approach respondents 1 and 2 seeking rectification of mistake in the amount and also seeking waiver of interest/penal interest or expenses to the possible extent. 5. Eventhough I find no merit warranting interference with the impugned proceedings, I am of the view that some indulgence can be shown in permitting the petitioners to pay off the entire liability within a reasonable time. 6. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery, provided the petitioners remit the entire balance outstanding, in 6 (six) equal monthly instalments falling due on or before 15.10.2010 and on or before the 15th day of succeeding months. 7. It is made clear that the petitioners will be at liberty to approach the respondent Bank seeking rectification of mistake if any in calculating the arrears and also seeking waiver of interest/penal interest and expenses. If any such approach is made, W.P(C) No.20005 of 2010-A 4 the Bank shall consider the same and take a decision thereon without any further delay. 8. It is made clear that on the event of default in payment of any of the instalments the respondents will be free to proceed with further steps pursuant to Ext.P2 notice and also to proceed with any other remedy available. 9. It is also made clear that the benefit is granted subject to the condition that the petitioner is precluded from raising any subsequent challenge against such proceedings, either before this Court or before any other forum. C.K.ABDUL REHIM JUDGE ab