Adv. Jeno N A vs The State Of Kerala
2024 Latest Caselaw 10754 Ker

Citation : 2024 Latest Caselaw 10754 Ker
Judgement Date : 12 April, 2024

Kerala High Court

Adv. Jeno N A vs The State Of Kerala on 12 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
      FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                         WP(C) NO. 39100 OF 2023
PETITIONER:
           ADV. JENO N A, AGED 37 YEARS
           S/O ANTONY NAYANKARA, NAYANKARA HOUSE, C R A 12
           AYYANTHOLE, THRISSUR , KERALA, PIN - 680003
           BY ADV ANJALI MENON
RESPONDENTS:
     1     THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2     THE KERALA STATE CIVIL SUPPLIES CORPORATION
           REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN,
           GANDHI NAGAR ROAD, GANDHI NAGAR, KADAVANTHRA, ERNAKULAM,
           PIN - 682020
     3     CANARA BANK
           REPRESENTED BY ITS BRANCH MANAGER, PARMEKAVU BRANCH,
           PALACE ROAD, THRISSUR, KERALA, PIN - 680020
     4     TRANS UNION CIBIL
           REPRESENTED BY ITS MANAGING DIRECTOR ONE INDIABULLS
           CENTRE, TOWER 2A-2B,19TH FLOOR, SENAPATI BAPAT MARG,
           LOWER PAREL, MUMBAI, MAHARASHTRA, PIN - 400013
           BY ADVS.
           SANTHOSH PETER
           Gopikrishnan Nambiar M
           C.Ajith Kumar
           SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
           E.K.NANDAKUMAR (SR.)(N-23)
           K.JOHN MATHAI(K/413/1984)
           JOSON MANAVALAN(J-526)
           KURYAN THOMAS(K/131/2003)
           PAULOSE C. ABRAHAM(MAH/58/2006)
           RAJA KANNAN(K/356/2008)



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.39100 of 2023
                                  2

                                JUDGMENT

On the question whether the loans forced to

be availed by persons like the petitioner from

banks and financial institution on the strength

of Paddy Receipt Sheet (PRS) issued by the

SUPPLYCO has already been answered by this Court

in the judgment in K.Sivanandan v. State of

Kerala [WP(C)No.23267/2023].

2. Today, Sri.Santhosh Peter - learned

Standing Counsel for the SUPPLYCO, submitted

that his client has abided by the judgment in

its letter and spirit and has in fact, closed

the loan account involved in this case. He added

that, therefore, he will not stand in the way of

further orders being issued by this Court in

favour of the petitioner.

3. Sri.Gopikrishnan Nambiar - learned

Standing Counsel for the Canara Bank, also WP(C) NO.39100 of 2023

affirmed that the loan in question stands

closed; and that his client has not issued any

negative endorsement against the petitioner to

the Credit Rating Agency.

4. Sri.C.Ajith Kumar - learned Standing

Counsel for the 4th respondent, submitted that if

this Court is so inclined, they are willing to

reconsider the petitioner's credit rating dehors

and disregarding the "PRS loan" in question, as

also by expunging the default history recorded

in favour of the petitioner, if any. He

submitted that he is making these submissions

solely because this Court has already declared

that the persons like the petitioner cannot be

responsible for the loans, which, in fact, ought

to have been fully serviced by the SUPPLYCO. WP(C) NO.39100 of 2023

Taking note of the afore submissions, I

dispose of this writ petition with the following

directions:

a) I record the submissions of Sri.Santhosh

Peter, made on behalf of the SUPPLYCO, that the

loan in question in favour of the petitioner

availed of from the Canara bank has been fully

closed and that no liability subsists therein. I

also record the submissions of Sri.Gopikrishnan

Nambiar in affirmation on this.

b) Consequently, the 4th respondent - Agency

will revise the credit rating of the petitioner,

expunging any negative report relating to the

"PRS loan" from the Canara Bank and disregarding

and removing all entries with respect to default

in it, if any. A final decision in compliance

shall be issued to the petitioner and reflected

in their online site, not later than one month WP(C) NO.39100 of 2023

from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO.39100 of 2023

APPENDIX OF WP(C) 39100/2023 PETITIONER'S EXHIBITS:

Exhibit-P1 A TRUE COPY OF THE PRS RECEIPT ISSUED TO THE PETITIONER DATED 28.3.2023 Exhibit-P2 A TRUE COPY OF THE SCREENSHOT OF THE CREDIT SCORE OF THE PETITIONER ON 21.4.2020 Exhibit-P3 A TRUE COPY OF THE CONSUMER INFORMATION REPORT DATED 1.11.2023 GIVEN BY THE 4TH RESPONDENT Exhibit-P4 A TRUE COPY OF THE COMPLAINT DATED 26.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit-P5 A TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD OF 1.5.2023 TO 2.11.2023 FOR GENERAL AND AGRI ADVANCES MAINTAINED WITH THE 3RD RESPONDENT BANK Exhibit-P6 A A TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER FOR THE PERIOD OF 7.5.2023 TO 6.11.2023 Exhibit-P7 A TRUE COPY OF THE COMMUNICATION DATED 2.11.23 SENT BY THE 3RD RESPONDENT TO THE AGM, CANARA BANK Exhibit-P8 A TRUE COPY OF THE NO DUE LETTER ISSUED BY THE 3RD RESPONDENT DATED 01-11-2023 RESPONDENTS' EXHIBITS:

Exhibit R3 (a) TRUE COPY OF THE MOU DATED 22.05.2023 Exhibit R3 (b) TRUE COPY OF THE LOAN APPLICATION DATED 08.06.2023 SUBMITTED BY THE PETITIONER Exhibit R3 (c) TRUE COPY OF THE SANCTION MEMORANDUM AND LOAN AGREEMENT DATED 08.06.2023 Exhibit R3 (d) TRUE COPY OF THE RBI DIRECTIVE DATED 15.01.2015 Exhibit R3 (e) TRUE COPY OF THE RBI DIRECTIVE DATED 19.12.2017 Exhibit R3 (f) TRUE COPY OF THE CREDIT INFORMATION REPORT OF THE PETITIONER DATED 20.11.2023