Petitioner, guarantor for education loan default, challenged revenue recovery proceedings. Court dismissed liability contention citing prior decision but allowed installment discharge plan to stay coercive action.
Liability discharge allowed in ten equal monthly instalments; coercive recovery action stayed pending payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 8TH DAY OF APRIL 2013/18TH CHAITHRA 1935
WP(C).No. 5471 of 2013 (H)
PETITIONER(S):
PAILY K.E., AGED 70 YEARS S/O.ITHAPPIRI, KOLLARMALIL HOUSE RAJAKUMARY KARA & VILLAGE, UDUMBANCHOLA TALUK IDUKKI DISTRICT.
BY ADV. SRI.PADAYATTEE YELDO
RESPONDENT(S):
1. DISTRICT COLLECTOR,
2. THE DEPUTY TAHSILDAR,
3. UNION BANK OF INDIA, RAJAKUMARY BRANCH, RAJAKUMARY, UDUMBANCHOLA TALUK
4. BASIL PAUL,
R1 & R2 BY SR. GOVERNMENT PLEADER SRI.JOSEPH GEORGE BY SRI.A.S.P.KURUP, SC, UBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.5471/2013
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1. TRUE COPY OF THE NOTICE OF ADMISSION IN THE HONG KONG UNIVERSITY DATED 20.04.2010.
EXHIBIT P2. TRUE COPY OF THE DEMAND NOTICE IN FORM NO.1 ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT TO DISTRAIN MOVABLE PROPERTY BY THE 2ND RESPONDENT DATED 18.08.2012.
EXHIBIT P3. TRUE COPY OF THE DEMAND NOTICE IN FORM NO10 ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT FOR THE ATTACHMENT OF LAND BY THE 2ND RESPONDENT DATED 18.08.2012.
EXHIBIT P4. TRUE COPY OF THE REQUEST MADE BEFORE THE 1ST RESPONDENT BY THE PETITIONER DATED 14.01.2013.
EXHIBIT P5. VISITORS SLIP ISSUED TO THE PETITIONER FROM THE COLLECTORATE IDUKKI DATED 16.01.2013.
RESPONDENTS' EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
tss
ANTONY DOMINIC, J
W.P.(C).5471/2013
Dated this the 8th day of April, 2013
JUDGMENT
Heard the learned counsel for the petitioner.
W.P.(C).5471/13
2
Writ petition is disposed of as above.
Sd/- ANTONY DOMINIC, JUDGE
mrcs
/true copy/
sd/- P.A. To Judge
2 issues framed by the court
Whether the guarantor is liable to be proceeded against in recovery proceedings for education loan default.
Whether the petitioner's son's continuing studies abroad exempts the guarantor from liability.
Colour shows how this judgement treated each authority
W.A.974/12Followed¶2
2 provisions across 1 enactments
PAILY K.E.
DISTRICT COLLECTOR, IDUKKI
THE DEPUTY TAHSILDAR
UNION BANK OF INDIA
BASIL PAUL
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
