Partly allowed

D. K. Jayadevan, v. State of Kerala

Kerala HC21 Mar 2019WP(C)/3711/2019

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a writ petition challenging a bank's recovery action under Section 34 of the Kerala Revenue Recovery Act on an education loan. The court directed the petitioner to pay a sum of Rs.1 lakh within one month and submit a representation for settlement within two months, else the bank could proceed as per law.

What did the court decide?

Petitioner directed to pay Rs.1,00,000/- within one month and submit representation for settlement; bank to decide on settlement within two months thereafter.

D. K. Jayadevan, Vs State of Kerala — Contract and Commercial Disputes | 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 MR. JUSTICE SHAJI P.CHALY

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THURSDAY ,THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940

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WP(C).No. 3711 of 2019

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PETITIONER/S:

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D. K. JAYADEVAN, AGED 62 YEARS,

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S/O K.KUNHIRAMAN, VISHAKAM, PADINJATTINKARA, KOTTARAKARA.

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BY ADV. H PRAVEEN(KOTTARAKKARA)

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2 TAHASILDAR,

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TALUK OFFICE, KOTTARAKARA, KOLLAM DISTRICT.

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3 THE VILLAGE OFFICER, KOTTARAKARA, KOLLAM DISTRICT.

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4 THE SYNDICATE BANK, REPRESENTED BY ITS AUTHORISED OFFICER, KOTTARAKARA.

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R1 - R3, SMT.RESMI K.M., GP R4 - SRI. R.S.KALKURA, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3711 of 2019

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JUDGMENT

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An education loan was availed by the son of the petitioner in the year 2007 for pursuing B.Sc. Nursing course at Rs.65,700/- (Rupees Sixty five thousand Seven hundred only) per year. Case of the petitioner is that, no collateral security was furnished at the time of availing the loan. Petitioner's son died due to acute heart disease on 25.06.2011, evident from Ext.P1 death certificate. Even though, petitioner has

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intimated the same to the 4^th respondent bank, they have now initiated recovery action resorting to the provisions of the Kerala Revenue Recovery Act, evident from Ext.P2 series issued under Secs.7 and 34 of the Act. It is thus challenging the coercive action, and seeking other consequential reliefs, this writ petition is filed.

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I have heard learned Counsel for the

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petitioner, learned Government Pleader as well as the

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learned Standing Counsel appearing for the 4^th respondent.

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WP(C).No. 3711 of 2019

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According to learned Standing Counsel for the

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4^th respondent, the petitioner has extended a guarantee against the loan secured by petitioner’s

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son, and therefore, the action initiated by the bank

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under the Kerala Revenue Recovery Act, is in

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accordance with law, and no manner of illegality or infirmity is remaining so as to interfere with under Article 226 of the Constitution of India.

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Learned Counsel for the petitioner submitted that, petitioner requires breathing time to pay off

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the outstanding loan amount, since petitioner is a

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petty trader and lumpsum payment will be difficult for

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the petitioner. It is also pointed out that

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petitioner is prepared to pay an amount of Rs.1,00,000/- (Rupees One Lakh only) for the time

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being, within a month from the date of receipt of a

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copy of this judgment.

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only appropriate that the bank is directed to receive

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a representation from the petitioner enabling the bank

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to consider the same by applying any one time

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WP(C).No. 3711 of 2019

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settlement scheme pending before the bank. Therefore,

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petitioner is directed to pay an amount of Rs.1,00,000/- (Rupees One Lakh only) within one month from the date of receipt of a copy of this judgment, and if any representation is offered by the petitioner seeking settlement of the transaction in any one time settlement scheme, the same shall be accepted and a decision shall be taken within two months after providing an opportunity of participation and hearing to the petitioner.

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petitioner is not complying with the direction for payment of the amounts specified above, the bank will

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be at liberty to proceed in accordance with law.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

SPR

WP(C).No. 3711 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE ISSUED KOTTARAKARA GRAMA PANCHAYATH DATED 13.7.2011 EXHIBIT P2 TRUE COPY OF THE NOTICE U/S 34 OF THE REVENUE RECOVERY ACT NO.RRC NO.2018/5015/02 DATED 27.12.2018 FROM THE OFFICE OF THE 2ND RESPONDENT

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RESPONDENT'S/S EXHIBITS: NIL.

D. K. Jayadevan, v. State of Kerala

Case brief

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D. K. Jayadevan, v. State of Kerala

Case brief

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