Clementina K.A vs Union Of India
2023 Latest Caselaw 147 Ker

WP(C) NO. 16968 OF 2012            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                          WP(C) NO. 16968 OF 2012
PETITIONER/S:

    1      CLEMENTINA K.A.
           AGED 53 YEARS
           PALLIPPADAN HOUSE, KANJOOR PO, ALUVA TALUK ERNAKULAM
           DISTRICT.

    2      BASTIN P.S.
           PALLIPPADAN HOUSE, KANJOOR PO, ALUVA TALUK ERNAKULAM
           DISTRICT.

           BY ADVS.
           SRI.K.MOHANAKANNAN
           SMT.A.R.PRAVITHA



RESPONDENT/S:

    1      UNION OF INDIA
           REPRESENTED BY SECRETARY TO GOVERNMENTDEPARTMENT OF
           FINANCIAL SERVICE, MINISTRY OF FINANCE, NEW DELHI- 110
           006.

    2      THE MANAGER CANARA BANK
           BANERJI ROAD, ERNAKULAM - 682 031.

           BY ADVS.
           SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
           SRI.P.BENNY THOMAS
           SRI.M.GOPIKRISHNAN NAMBIAR
           SRI.P.GOPINATH
           SRI.K.JOHN MATHAI



OTHER PRESENT:
 WP(C) NO. 16968 OF 2012        2


             S.MANU DSGI




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16968 OF 2012              3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C) No. 16968 of 2012
                    --------------------------------------
               Dated this the 6th day of January, 2023


                                 JUDGMENT

The above writ petition is filed with following prayers :

"i. To issue a writ of certiorari or any other appropriate writ order or directions calling for the records leading to Ext.P14 and quash the same ii. To issue a Writ of mandamus or any other appropriate writ or order or direction declaring that loss of crops due to attack of wild animals also will come under the Agriculture and Debt Waiver Scheme 2008 and the petitioner is entitled to get waiver of the loans.

iii. To issue a Writ of mandamus or any other appropriate writ or order or direction directing the 2nd respondent to waive the loan availed of by the petitioners and to return the title deeds to the petitioner within a time frame fixed by this Hon'ble Court iv. To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice." [SIC]

2. The main grievance of the petitioners is against the

revenue recovery proceedings initiated based on the

requisition from the 2nd respondent. When this writ petition

came up for consideration, the learned Standing Counsel

appearing for the 2nd respondent submitted that the amount

due to the 2nd respondent is already paid and the title deed is

also returned to the petitioners. If that is the case, nothing

survives in this case. Moreover, there is no representation for

the petitioners also.

Therefore, recording the above submission of the 2 nd

respondent, this writ petition is closed.

P.V.KUNHIKRISHNAN JUDGE SKS