JINCY V. JOY v. THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD.
WP(C)/13558/2025 · 2025-04-03
Murali Purushothaman
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6511 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6511 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:28576 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13558 OF 2025 PETITIONER:
JINCY V. JOY AGED 26 YEARS D/O JOY GEORGE, VALIYAKANJIRATHINKAL HOUSE, KEERAMPARA P.O., KOTHAMANAGALAM, PIN – 686 691.
BY ADVS.
ARYA RAGHUNATH MANJUNATH MENON RESPONDENTS: 1 THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD.
SUB DISTRICT OFFICE, MUVATTUPUZHA, KABANI ARCADE, THODUPUZHA ROAD, MUVATTUPUZHA, REPRESENTED BY IT MANAGER, PIN – 686 661. 2 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM, PIN – 682 030. 3 TAHSILDAR (RR) TALUK OFFICE, REVENUE TOWER, KOTHAMANGALAM, PIN – 686 691.
BY ADVS.
M. SASINDRAN, V. K. SUNIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner had availed an education loan from the Kerala State Backward Classes Development Corporation Ltd (for short, ‘Corporation’), the 1st respondent. The petitioner defaulted payment of instalments and the Corporation initiated recovery proceedings. The petitioner has filed this writ petition for a direction to the respondents to permit her to regularize the loan account by paying the overdue amount till date in 15 equal monthly instalments.
2. When the writ petition is taken up for
consideration, Adv. M. Sasindran, the learned Standing Counsel for the Corporation, on instructions, submitted that, as on today (03.04.2025), an amount of
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Rs.9,46,876/- is overdue in the loan account and the petitioner can be permitted to pay the said amount in reasonable instalments.
3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 15 equal monthly instalments.
4. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall pay the overdue amount of Rs.9,46,876/- along with accrued interest and applicable charges in 15 equal monthly instalments commencing from 03.05.2025. The instalments as above shall be payable in
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addition to the regular EMIs. b) If the petitioner defaults payment of any of the instalments, it will be open to the Corporation to proceed against her in accordance with law. c) To enable the petitioner to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred. Sd/-
MURALI PURUSHOTHAMAN JUDGE SRJ
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APPENDIX OF WP(C) 13558/2025 PETITIONER’S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED 24/04/2023 FROM THE OFFICE OF THE 1ST RESPONDENT CORPORATION TO THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 05/05/2023 BY THE 1ST RESPONDENT CORPORATION TO THE ADDRESS OF PETITIONER’S FATHER.
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED 31/05/2023 RECEIVED BY THE FATHER OF THE PETITIONER FROM THE 1ST RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE DEMAND NOTICE DATED 13/01/2025 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE PETITIONER'S FATHER.