Timely processing of educational loan applications in light of land classification issues under applicable laws is critical.

JUDGMENT

The above writ petition is filed with following prayers :

(i) “Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to consider and pass appropriate orders on Exhibit-P8 form 6 applications;

(ii) Issue a writ of certiorari to call for all the records leading to Exhibit-P15 and quash the same;

(iii) Issue a writ of certiorari to call for all the records leading to Exhibit-P16 and quash the same;

(iv) Issue a writ of mandamus or other appropriate order or direction commanding the respondents 4 and 5 to sanction educational loan of Rs.1,83,82,346/- to the petitioners within a stipulated time as directed by this Hon’ble court by accepting the collateral security together with the indemnity affidavit;

(v) To declare that the 3rd petitioner is entitled to get sanction and disburse educational loan of Rs.44,69,150/- for the academic year commencing from 26.1.2026 – 26.1.2027 for Ph D research titled “The Influences of Civil Society in Defining Development Narratives and Policy Frameworks, The Experience of the Indian State of Kerala” at Sussex University of United Kingdom (vi) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being; (vii) To grant such other reliefs as this Hon’ble Court may deem just and proper according to the facts and circumstances of the case;

(viii) Pass an order to impose exemplary costs upon the respondents.” [sic]

2. The 1^st petitioner is a retired Executive Engineer, PWD, the 2^nd petitioner is working as Principal in a Higher Secondary School, and the 3^rd petitioner is their son. The petitioner Nos 1 and 2 own properties covered by Ext.P1 sale deed, and they are residing therein by constructing a two-

storied building, is the submission. Even though the property is surrounded by boundary walls on four sides, a portion of it still remains as 'nilam' in the revenue records. Ext.P8 Form-6 application is pending before the authorised officer is the submission. Meanwhile, the petitioners applied for an educational loan for the 3^rd petitioner and the same was not processed, stating that the security is not in compliance with the SARFAESI Act . The Bank directed the petitioners to correct the entry as dry land for that portion in the records, is the submission. This may result in the loss of the opportunity for the 3^rd petitioner to go abroad for higher studies. Hence, this writ petition.

3. This Court directed the Standing Counsel appearing for the Bank and the Government Pleader to get instructions. The Senior Counsel, Adv.K.K.Chandran Pillai, after getting instructions, submitted that the educational loan application of the petitioners with supporting documents was received yesterday and will be processed today itself by the branch concerned. If the application is in order, this will be forwarded to the sanctioning authority, in accordance with the law. The same is recorded. If that is the case, the main grievance of the petitioners is redressed. As far as the Form-6 application is concerned, there can be a direction to consider the same within a time frame.

Therefore, this writ petition is disposed of, with the following directions :

1) The additional 6^th respondent is directed to submit the necessary report based on Ext.P8 as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.