IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 11894 OF 2010
PETITIONER/S:
BABU KURIAKOSE, AGED 44 YEARS,
S/O.KURIAKOSE, KATTUPARAYIL HOUSE,, CHAKKAMPUZHA
P.O., RAMAPURAM, PALA.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.DIPU JAMES
SRI.GEORGE MATHEW
SRI.M.D.SASIKUMARAN
RESPONDENT/S:
1 UNION OF INDIA, REPRESENTED BY
SECRETARY, MINISTRY OF FINANCE,, CENTRAL
SECRETARIAT, NEW DELHI - 1.
2 SECRETARY MINISTRY OF AGRICULTURE
GOVERNMENT OF INDIA, CENTRAL SECRETARIAT,, NEW
DELHI - 1.
3 STATE OF KERALA REPRESENTED BY ITS
SECRETARY, AGRICULTURE,, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
4 STATE BANK OF TRAVANCORE
REPRESENTED BY ITS CHAIRMAN & MANAGING
DIRECTOR,, HEAD OFFICE, POOJAPPURA, TRIVANDRUM.
5 STATE BANK OF TRAVANCORE
VALVOOR BRANCH REP.BY ITS BRANCH MANAGER,,
VALVOOR P.O., PALA, KOTTAYAM IDUKKI DIST.
BY ADV SRI.M.N.MANMADAN, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 11894 of 2010
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.11894 of 2010 -J
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Dated this the 5th day of October, 2021
JUDGMENT
The above writ petition is filed with following prayers: "i) to issue a writ of mandamus or any other appropriate writ, order or direction, declaring that the petitioner is entitled for full benefit under Ext.P1 Agricultural Debts Relief Scheme, 2008 declared by the respondents 1 and 2;
ii) to call for the records which led to the issuance of Exts.P2, P4, P5, and P7 and to issue a writ in the nature of certiorari or any other writ, order or direction, quashing the same;
iii) to issue such other writ, order or direction, as this Hon'ble Court deems fit and proper to grant, in the nature course of the proceedings."
2. The grievance of the petitioner is that the petitioner is entitled for the benefit of Ext.P1 Agricultural Debt Waiver -3- W.P.(C). No. 11894 of 2010 and Debt Relief Scheme, 2008. The definite case of the petitioner is that the Bank has not considered the same and issued recovery notices as evident by Exts.P2, P4, P5. In addition to that, the Bank issued Ext.P7 in which it is stated that the petitioner is not eligible for Ext.P1 scheme without mentioning any reason. Aggrieved by the same, the writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 4 and 5 and also heard the learned Government Pleader also.
4. The definite case of the petitioner is that he is entitled to the benefit of Ext.P1 scheme as per clause 4.1(a)(iii) and clause 4.1(b)(iii). The learned Standing Counsel submitted that the petitioner renewed the loan on 20.03.2007 and therefore, in the light of clause 4.1(a)(i), the petitioner is not entitled to the benefit of Ext.P1 scheme. -4- W.P.(C). No. 11894 of 2010
5. I perused Ext.P7. It is not a speaking order. The petitioner has got a definite case that he is entitled to the benefit of Ext.P1 scheme even though the Bank has got a different opinion. I think the matter to be considered by a competent officer of respondent Nos.4 and 5, after giving an opportunity of hearing to the petitioner. Therefore, this writ petition can be disposed of directing the Bank to hear the petitioner and consider the matter as to whether Ext.P1 scheme is applicable to the case of the petitioner and take appropriate decision in accordance to law.
Therefore, this writ petition is disposed of in the following manner:
1. Ext.P7 is set aside.
2. The competent officer of respondents 4 and 5 will hear the petitioner and thereafter will decide whether the petitioner is entitled for the benefit of Ext.P1 scheme.-5-
W.P.(C). No. 11894 of 2010
3. The above exercise should be completed by the officer concerned, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
4. Till the final orders are passed, all recovery steps initiated against the petitioner are kept in abeyance. Sd/-
P.V.KUNHIKRISHNAN JUDGE das -6- W.P.(C). No. 11894 of 2010 APPENDIX OF WP(C) 11894/2010 PETITIONERS EXHIBITS EXT.P1- TRUE COPY OF AGRICULTURAL DEBT RELIEF SCHEME 2008 DECLARED BY THE RESPONDENTS 1 AND 2 EXT.P2- TRUE COPY OF THE LETTER DATED 02.03.2009 EXT.P3- TRUE COPY OF REPRESENTATION DTD.10.04.2009 EXT.P4- TRUE COPY OF LETTER DTD.02.02.2010 EXT.P5- TRUE COPY OF LETTER DTD.04.03.2010 EXT.P6- TRUE COPY OF REPRESENTATION DTD.09.03.2010 EXT.P7- TRUE COPY OF LETTER DTD.09.03.2010