2025:KER:27362 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12406 OF 2025 PETITIONERS: 1 CHANDRASHAKAR BHAT K. AGED 67 YEARS S/O. ACHUTHA BHAT, KAJAMPADI HOUSE, PADRE, PERLA, KASARGOD., PIN – 671 552. 2 AISHWARYA. K AGED 30 YEARS D/O. CHANDRA SHEKARA BHAT, KAJAMPADI HOUSE, PADRE, PERLA, KASARGOD, PIN – 671 552. BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL P.RAJKUMAR KESHAVRAJ NAIR BIJU VIGNESWAR ARUN POOMULLI ABHIRAM.S. GAADHA SURESH T.K.BABU AKHILA RADHAKRISHNAN SARIGA RAMACHANDRAN M. VISWANATH JAYAN AKSHAY SHIBU RESPONDENTS: 1 KERALA GRAMIN BANK, PERLA BRANCH, SH BUILDING, OPP. PERLA BUS STAND, PERLA, WP(C) NO.12406 OF 2025 : 2 : 2025:KER:27362 KASARGOD REPRESENTED BY BRANCH MANAGER, PIN – 671 552. 2 THE BANK MANAGER KERALA GRAMIN BANK, PERLA BRANCH, OPP. PERLA BUS STAND, PERLA, KASARGOD, PIN – 671 552. BY ADV. M. GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12406 OF 2025 : 3 : 2025:KER:27362 JUDGMENT The 2nd petitioner had availed an educational loan from the 1st respondent Bank. The 1st petitioner stood as guarantor. Since there was default in payment of instalments, revenue recovery proceedings were initiated against the petitioners. The Tahsildar (Revenue Recovery) issued Ext.P1 notice requesting the 1st petitioner to participate in the Bank Loan Mega Adalat on 19.12.2024. The petitioners participated in the Adalat and the benefit of One Time Settlement was extended to them and they were asked to pay an amount of Rs.3,20,000/- to clear off the entire liabilities. The petitioners state that they could not avail the said benefit. The petitioners have filed this writ petition for a direction to WP(C) NO.12406 OF 2025 : 4 : 2025:KER:27362 the respondents to permit them to clear the dues in 16 monthly instalments. 2. Heard Adv. Keshavraj Nair, the learned Counsel for the petitioners and Adv. Gopikrishnan Nambiar, the learned Standing Counsel for the respondents. 3. When this writ petition came up for consideration today, the learned Counsel for the Bank submitted that an amount of Rs.5,98,540/- is outstanding in the loan account and the petitioners can be permitted to pay the said amount in reasonable instalments. 4. The learned Counsel for the petitioners submits that the petitioners are in financial constraints and they may be permitted to pay the outstanding amount in 15 equal monthly instalments. WP(C) NO.12406 OF 2025 : 5 : 2025:KER:27362 5. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioners shall pay the outstanding amount of Rs.5,98,540/- along with accrued interest and applicable charges in 15 equal monthly instalments commencing from 02.05.2025. b) If the petitioners default payment of any of the instalments, it will be open to the Bank to proceed against them in accordance with law. c) To enable the petitioners to pay the amount in instalments as aforesaid, all coercive proceedings against the WP(C) NO.12406 OF 2025 : 6 : 2025:KER:27362 petitioners shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.12406 OF 2025 : 7 : 2025:KER:27362 APPENDIX OF WP(C) 12406/2025 PETITIONERS’ EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE ALONG WITH THE ENGLISH TRANSLATION ISSUED BY THE TAHSILDAR (REVENUE RECOVERY) INTIMATING BANK LOAN MEGA ADALAT BEING CONDUCTED ON 19.12.2024 AT 10.00 A.M AT ENMAKAJE GRAMA PANCHAYAT. EXHIBIT P2 TRUE COPY OF THE DECISION DATED 19.12.2024 ISSUED BY THE VILLAGE OFFICER, PADRE VILLAGE, SHOWING THE SETTLEMENT ARRIVED AT BETWEEN THE PARTIES.