O K SURESH KUMAR Vs. KERALA STATE DEVELOPMENT

JUDGEMENT

(1.) THE petitioners availed of a loan of Rs.1,52,725/- from the respondent-Corporation. THEy committed default in repayment. By notice dated 19.10.2004, they were directed to pay an amount of Rs.1,62,858/-. On receipt of the same, the petitioners paid an amount of Rs.50,000/- on 13.04.2004 and another Rs.35,000/- on 28.03.2005. THEreafter for sometime the petitioners did not pay any amount. Subsequently the petitioners approached the respondent for closing the loan account. THE respondent directed the petitioners to pay an amount of Rs.52,850/- towards settlement of the loan account. Petitioners paid that amount and their account was closed as is clear from Ext.P3 receipt issued to the petitioners. That was on 18.06.2008. Long thereafter on 05.12.2009, the petitioners were directed by Ext.P4 to pay a further amount of Rs.1,35,765/- on the reason that the petitioners' loan account was wrongly closed. Subsequently by Ext.P6 the petitioners were directed to pay around Rs.1,43,000/-. Petitioners have filed this writ petition challenging the said demand seeking the following reliefs:

(2.) COUNTER affidavit, statement and additional statement have been filed on behalf of the respondent. According to the learned counsel for the respondent, petitioner is liable to pay an amount of Rs.1,28,007/- as on 18.06.2008.

(3.) IN view of the peculiar circumstances, I am inclined to direct the respondent to close the account on payment of the amount of Rs.1,04,386/- stated in paragraph 15 of the counter affidavit. Accordingly the petitioners shall pay the said amount of Rs.1,04,386/- within one month which would be treated as full and final settlement of the petitioners' loan account. The writ petition is disposed of as above.