Kerala High Court
Mohanan Nair T vs State Of Kerala on 27 March, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 34485 OF 2019
PETITIONER:
MOHANAN NAIR T
AGED 58 YEARS
THANKAPPAN NAIR, ANANDA BHAVAN, MURYANKARA, PARASSALA POST,
THIRUVANANTHAPURAM-695 502
BY ADVS.
SHRI.AJIT G ANJARLEKAR
SRI.G.P.SHINOD
SRI.RAM MOHAN.G.
SRI.GOVIND PADMANAABHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF
AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-
695 001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM DISTRICT-695 001
3 THE ASSISTANT REGISTRAR (GENERAL),
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), THIRUVANANTHAPURAM
DISTRICT-695 001
4 NEYYATTINKARA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK
LTD,
NO.417,CHEMBOOR BRANCH, VAZHUTHOOR, NEYYATTINKKARA POST,
THIRUVANANTHAPURAM DISTRICT-695 121, REPRESENTED BY ITS SECRETARY
5 THE SECRETARY,NEYYATTINKARA CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BAN LTD. NO.417,CHEMBOOR BRANCH, VAZHUTHOOR,
NEYYATTINKKARA POST, THIRUVANANTHAPURAM DISTRICT-695 121,
BY ADVS.
SRI. IMAM GREGORIOUS, GOVERNMENT PLEADER
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==========================
W.P.(C) No.34485 OF 2019
==========================
Dated this the 27th day of March, 2024
JUDGMENT
The petitioner availed three agricultural loans from
the 4th respondent Bank. The facilities fell in arrears.
The petitioner approached the Kerala State Farmer's Debt
Relief Commission constituted under the Kerala Farmers'
Debt Relief Commission Act, 2007. The Commission passed
Ext.P1 order dated 30.06.2014.
2. As per Ext.P1, the Commission noticed that the
total due in the credit facilities is Rs.1,84,212/-
(Rupees one lakh eighty four thousand two hundred twelve
only). The Commission directed grant of debt relief for
an amount of Rs.80,000/- (Rupees eighty thousand only),
which was to be taken over by the Government and paid to
the Bank. The balance amount was to be paid by the
petitioner.
WP(C) No.34485 OF 2019
3. It is the case of the petitioner that, in
spite of having complied with the directions of
Ext.P1 order of the Debt Relief Commission,
respondents 4 and 5 have not released the title
deeds.
4. Heard the learned Counsel for the
petitioner, the learned Standing Counsel for the
Bank and also the learned Government Pleader.
5. The relevant portion of Ext.P1 order reads
thus;
"The total amount due as per the Bank
Statement is around Rs.1,84,212/- (3loans). In
exercise of the powers under Section 5(1) of
the Act and considering the relevant factors
debt relief is granted for a sum of Rs.80,000/-
(Rupees Eighty Thousand Only) which shall be
taken over by the Government and paid to the
Bank. The applicant shall pay the balance
amount as per the terms of the loan agreement.
The Bank shall return the title deeds, if
any, submitted to secure the loan on payment
of the portion to be paid by the farmer without
waiting for receiving the amount due from the
Government."
WP(C) No.34485 OF 2019
The Commission directed Rs.80,000/- (Rupees eighty
thousand only) to be paid by the Government and the
balance outstanding amount to be paid by the
petitioner. On payment of the share of the
petitioner, the Bank was directed to return the
title deeds. Ext.P1 order is dated 30.06.2014. The
same has become final. It is not in dispute that in
compliance of the directions in Ext.P1, the
petitioner has paid his share out of the liability.
It appears that there occurred delay on the part of
the Government in making the payment of Rs.80,000/-
(Rupees eighty thousand only). For the said reason,
the Bank has not released the title deeds.
6. In the light of the directions in Ext.P1
order referred to supra, which has become final, the
Bank is not entitled to withhold the title deeds of
the petitioner for the reason that there was delay
WP(C) No.34485 OF 2019
on the part of the Government in making payment of
their share. If at all the Bank has any grievance,
it is for them to take appropriate proceedings
against the concerned, in accordance with law. They
are not entitled to retain the title deeds of the
petitioner, he having complied with the directions
in Ext.P1.
Resultantly, the writ petition is allowed.
Respondents 4 and 5 shall cause the title deeds of
the petitioner to be returned to him within a period
of two weeks from today. The claim of the petitioner
for the share value is left open.
Sd/-
SATHISH NINAN
JUDGE
NB/27-3
APPENDIX OF WP(C) 34485/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 30.06.2014 IN
APPLICATION NO.511716/14/TV BY THE KERALA STATE
FARMERS DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM
EXHIBIT P2 TRUE COPY OF THE CASH RECEIPT DATED 12.11.2014
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE CASH RECEIPT DATED 13.11.2014
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P4 TRUE COPY OF THE CASH RECEIPT DATED 15.11.2014
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 11/09/2012 ISSUED
BY THE SECRETARY TO GOVERNMENT, AGRICULTURE
DEPARTMENT
EXHIBIT P6 A TRUE COPY OF THE CIRCULAR DATED 18.10.2012
ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 03.06.2014 OF
THIS HONOURABLE COURT IN WPC NO.2665 OF 2014
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 18.11.2014
PREFERRED BY THE PETITIONER BEFORE THE 5TH
RESPONDENT
EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 23.11.2019
PREFERRED BY THE PETITIONER BEFORE THE 5TH
RESPONDENT
EXHIBIT P10 A TRUE COPY OF THE NOTICE DATED 29.11.2019 ISSUED
BY THE 5TH RESPONDENT TO THE PETITIONER
RESPONDETNS EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
