Dismissed

Achu J.S. v. State of Kerala

Kerala HC21 Feb 2019WP(C)/1030/2019

Case brief

AI extract

What is this about?

In a writ petition, the Court directed the bank (3rd respondent) to consider the petitioner's representations regarding an education loan under the Government repayment scheme and keep coercive proceedings in abeyance pending the decision.

What did the court decide?

Direction to the 3rd respondent to consider representations regarding the education loan repayment scheme within one month and keep coercive proceedings in abeyance.

Achu J.S. Vs State of Kerala — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY ,THE 21ST DAY OF FEBRUARY 2019 / 2ND PHALGUNA, 1940

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WP(C).No. 1030 of 2019

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PETITIONER/S:

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ACHU J.S. AGED 31 YEARS S/O N.JAYAPAL, RESIDING AT ACHU BHAVAN, T.C.16/2591, BURMA ROAD, KUMARAPURAM, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM, PIN- 695011.

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BY ADV. SRI.J.R.PREM NAVAZ

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001.

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2 THE ADDITIONAL CHIEF SECRETARY(FINANCE). FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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3 THE MANAGER, CANARA BANK, COSMOPOLITAN HOSPITAL BRANCH, THIRUVANANTHAPURAM, THIRUVANANTHAPUAM DISTRICT, PIN-695011.

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OTHER PRESENT:

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SPL.GP C.M.SURESH BABU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1030 of 2019 2

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JUDGMENT

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This writ petition is filed seeking directions to the respondents to consider and dispose of Exts.P6 and P7 representations preferred by the petitioner. It is submitted that the petitioner had availed an education loan of Rs.4 lakhs on 12.08.2005 and there is default in repayment of the loan. The petitioner claims that the petitioner is entitled to education loan repayment scheme of the Government. Seeking the benefit of the scheme, the petitioner has preferred Exts.P6 and P7 representations before the respondents.

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Having heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the bank as well as the learned Special Government Pleader, I am of the opinion that the request made by the petitioner to the bank is liable to be considered without delay. The question whether the petitioner is entitled to the benefit of the scheme will be considered by the bank or will be appropriately placed before the Government in case the petitioner is found eligible.

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There will, accordingly, be a direction to the 3^rd respondent to take up Exts.P6 and P7 representations and take appropriate action on the same, without further delay, at any rate, within a

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WP(C).No. 1030 of 2019 3

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period of one month from the date of receipt of a copy of this judgment. In case the petitioner is found eligible to the benefit of the scheme, the 3^rd respondent shall refer the matter to the Government as provided in the scheme. The coercive proceedings as against the petitioner shall be kept in abeyance till orders are passed as directed above.

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The writ petition is ordered accordingly.

SD/-

ANU SIVARAMAN

JUDGE

rmm

WP(C).No. 1030 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	THE STATEMENT PETITIONER'S L 2499651016112.	OF ACCOUNTS OF THE OAN ACCOUNT BEARING NO:
EXHIBIT P2	THE TRUE COPY : 65/2017/FIN 16/05/2017 IMP LOAN REPAYMENT PROVIDING REPA STUDENTS ANNOU 2016-2017 AND GUIDELINES.	OF THE ORDER IN G.O.(P) NO THIRUVANANTHAPURAM DATED LEMENTING THE EDUCATION SUPPORT SCHEME FOR YMENT SUPPORT TO BORROWER NCED IN THE BUDGET SPEECH 2017-2018 ALONG WITH
EXHIBIT P3	THE TRUE COPY 135/2017 FIN, 30/10/2017 MOD LOAN REPAYMENT	OF THE ORDER IN G.O(P) NO: THIRUVANANTHAPURAM DATED IFIED ORDERS IN EDUCATION SUPPORT SCHEME.
EXHIBIT P4	THE TRUE COPY BY THE PETITIO DOCUMENTS SUBM	OF THE APPLICATION FILED NER ALONG WITH THE ITTED.
EXHIBIT P5	THE TRUE COPY THE 3RD RESPON DATED 08/10/20	OF THE NOTICE ISSUED BY DENT TO THE PETITIONER 18.
EXHIBIT P6	THE TRUE COPY DATED 20/10/20 BEFORE THE 3RD	OF THE REPRESENTATION 18 FILED BY THE PETITIONER RESPONDENT.
EXHIBIT P7	THE TRUE COPY DATED 22/10/20 BEFORE THE 1ST	OF THE REPRESENTATION 18 FILED BY THE PETITIONER AND 2ND RESPONDENT.

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RESPONDENTS EXHIBITS NIL

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// TRUE COPY //

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P.A. TO JUDGE

Achu J.S. v. State of Kerala

Case brief

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Achu J.S. v. State of Kerala

Case brief

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