Mohanan Karuthedath vs State Of Kerala
2021 Latest Caselaw 20327 Ker

WP(C) NO. 25020 OF 2020               1



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                           WP(C) NO. 25020 OF 2020
PETITIONER/S:

               MOHANAN KARUTHEDATH
               AGED 49 YEARS
               S/O. NANU, KARUTHEDATH HOUSE, THANGALPADY BEACH,
               ANDATHODE, VADAKKEKAD P.O., THRISSUR DISTRICT, PIN-679
               564.

               BY ADV K.NANDINI


RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
               OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2        RESERVE BANK OF INDIA
               MUMBAI, PIN-400 001, REPRESENTED BY MANAGER.

      3        FEDERAL BANK OF INDIA
               HEAD OFFICE, ALUVA, 683 101, REPRESENTED BY MANAGER.

      4        ASSISTANT MANAGER
               FEDERAL BANK, ANDATHODE BRANCH, N.H.17, KADIKKAD
               VILLAGE, PUNNAYURKULAM, ANDATHODE P.O., THRISSUR
               DISTRICT, PIN-679 564.


OTHER PRESENT:

              SMT.RASHMI.K.M, SR.GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25020 OF 2020                    2




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No.25020 of 2020
                     --------------------------------------
              Dated this the 30th day of September, 2021


                                   JUDGMENT

The above writ petition is filed with following prayers :

"i) issue a writ of mandamus or such other appropriate writ,order or direction, directing the respondents 3 and 4 banks to waive partially or fully the loan arrears outstanding against the petitioner;

ii) issue a writ of mandamus or such other appropriate writ, order or direction, directing the respondents 3 and 4 to permit the petitioner to remit the loan arrears in installments; issue a writ of mandamus or such other appropriate writ,

iii) order or direction, directing the 1st respondent to see that the petitioner, a vetiver farmer is included in the PMFBY Scheme;

iv) to pass such other orders or directions this Honourable Court may deem fit and proper to grant in the facts and circumstances of the case."

2. When this writ petition came up for consideration,

this Court issued notice to respondent Nos. 3 and 4 by special

messenger. The notice is served and there is no appearance.

Even though, notice is issued to the 2 nd respondent, the same

is not returned. For the directions to be issued in this writ

petition, I think this Court need not wait for completion of

service of notice to the 2 nd respondent. Government Pleader

appeared for the 1st respondent.

3. The short point raised by the petitioner is that the

3rd respondent- Bank is proceeding with the recovery for the

loan taken by the petitioner and the petitioner is ready to

clear the loan dues, if an OTS facility is granted to him. Since,

there is no appearance for the 3rd respondent, this writ

petition can be disposed, directing the petitioner to approach

the Bank with a representation and there can be a direction to

the Bank to consider the same, in accordance to law. Till such

time, there can be an interim order not to proceed with the

recovery.

Therefore, this writ petition is disposed in the following

manner :

1) The petitioner is free to file a representation before

the 3rd respondent for OTS facility or any other benefits, which

he is entitled as per law, within two weeks from the date of

receipt of a copy of this judgment.

2) Once such a representation is received, the 3 rd

respondent will consider the same and pass appropriate

orders, in accordance to law, after giving an opportunity of

hearing to the petitioner, as expeditiously as possible, at any

rate, within two weeks thereafter.

3) If a representation is filed as directed in clause No.1

above, the recovery proceedings initiated against the

petitioner will be kept in abeyance, till final orders are passed

as directed in clause 2 above.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 25020/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER DATED 20.4.2020 BEFORE THE VADAKKEKKAD POLICE STATION.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT LODGED BY THE PRESIDENT OF THE CO-OPERATIVE SOCIETY DATED 20.4.2020.

EXHIBIT P4 TRUE COPY OF THE FIR FOR CRIME 214/20 DATED 20.3.2020 OF VADAKKEKKAD POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE REPORT OF STATION OFFICER, FIRE RESCUE STATION, PONNANI DATED 21.7.20.

EXHIBIT P6 TRUE COPY OF REPORT DATED 21.4.2020 ISSUED BY THE ASSISTANT ENGINEER, KSEB, PUNNAYURKULAM TO PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 7.5.2020 TO THE RESPONDENTS 3 AND 4.

EXHIBIT P8 TRUE COPY OF THE NOTARIZED AFFIDAVIT FROM THE PETITIONER TO THE HON'BLE PRIME MINISTER OF INDIA AND THE 2ND RESPONDENT HEREIN DATED 7.8.2020.