Kerala High Court
Jolly Kv vs State Of Kerala on 11 July, 2025
2025:KER:51429
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 13585 OF 2021
PETITIONER:
JOLLY KV.,
AGED 68 YEARS
S/O. VARKEY, RESIDING AT KANJIRAKKATT HOUSE, KOTHAMANGALAM
P.. ERNAKULAM DISTRICT 686 691.
BY ADVS.
SHRI.VIVEK VARGHESE P.J.
SRI.VARUGHESE M EASO
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF AGRICULTURE
DEPARTMENT AND FARMER'S WELFARE, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 BANK OF INDIA,
KURUPPAMPADY BRANCH, DR.K.C. MATHEW MEMORIAL BUILDING, ALUVA
MUNNAR ROAD SH 16, KURUPPAMAPDY, KERALA 683 545.
3 THE DEPUTY TAHSILDAR,
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT 686 691.
BY ADVS.
GOVERNMENT PLEADER
SRI.K.M.ANEESH
SRI.K.SANTHOSH KUMAR (KALIYANAM)
SRI.ADARSH KUMAR
SRI.BIJU VARGHESE ABRAHAM
SRI.DILEEP CHANDRAN
SRI.SHASHANK DEVAN
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 13585 of 2021 -2-
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JUDGMENT
Dated this the 11th day of July, 2025
Petitioner has approached this Court for issuance of an order
quashing Exts.P1 and P3. Petitioner has also sought for a direction to
the 2nd respondent to provide a complete statement of accounts of
the petitioner for A/c No.857377710000073. Petitioner has further
sought for a direction to the 3rd respondent to hear the petitioner
and consider Ext.P4 objection before further proceedings are
initiated.
2. Petitioner was granted loan to the tune of Rs.3,74,000/- in
the year 2013 for constructing a 'polyhouse' farming system under
the technical guidance of the Agricultural Department and
Horticulture Mission. As per the scheme 75% is the subsidy amount
to be given by the Government and the remaining is to be repaid by
the agriculturalist. Therefore, it is the contention of the petitioner
that as per the scheme Rs.2,80,500/- is the contribution by the
Government towards subsidy and the remaining amount due by the
petitioner is Rs.94,500/- which is to be paid in instalments. While so,
Ext.P1 communication was issued stating that the loan to the tune of
Rs.3,74,000/- has been declared as NPA due to default and
demanded to repay the loan. Immediately petitioner approached the
Bank and he was intimated that the balance amount outstanding as
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on date is Rs.1,04,000/-. While so, Ext.P2 letter was issued by the
petitioner to the 2nd respondent requesting clarification on the
demand of Rs.1,04,000/- and requested to issue an account
statement. But the 2nd respondent has not issued any statement to
the petitioner. While so, petitioner received Ext.P3 revenue recovery
demand notice demanding an amount of Rs.1,14,397/- with interest
at 10.65% from 31.10.2019, to which, the petitioner submitted
Ext.P4 objection before the 3rd respondent Deputy Tahsildar.
3. A detailed counter affidavit has been filed by the 2 nd
respondent Bank that the default is on the part of the petitioner in
repaying the amount and admitted that the amount of Rs.2,80,500/-
was received as subsidy from the Government, and that receipt of
the said subsidy is reflected in Ext.R2(a) statement of account of the
petitioner's loan. It is further stated that as on 16.06.2025 the
amount due from the petitioner is Rs.3,52,692.79/-.
4. A reply affidavit was filed by the petitioner, wherein
Ext.P8 communication issued by the Assistant Director, Agriculture
addressed the respondent Bank intimating that an amount of
Rs.2,80,500/- is forwarded to the Bank by way of cheque towards
subsidy amount for constructing 'polyhouse'. The contention raised
by the petitioner is that the Bank has received the subsidy amount
on 13.12.2013 but the same is seen credited only on 27.02.2019,
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and the interest has accrued on the whole loan amount due to the
default on the part of the Bank.
5. Thereupon, an additional affidavit dated 07.07.2025 was
filed denying the contention of the petitioner that interest has been
charged on the entire 3.74 lakhs from the year 2013 to 2019 inspite
of receipt of subsidy amount. It is further stated that no interest has
been charged for the said amount received as subsidy, and the
interest has been charged only on the remaining amount of loan
from the date on which the subsidy amount was received, and the
subsidy amount was kept separately and has been credited to the
loan account on 27.02.2019. A further affidavit is filed on
08.07.2025, wherein it is stated that in the earlier affidavit filed the
total outstanding as on 16.06.2025 was wrongly stated as
Rs.3,52,692.79/- and the actual amount due from the petitioner as
on 08.07.2025 is only Rs.1,80,558/- and same is only a bonafide
mistake. So in the affidavit filed by the Bank on 07.07.2025 it is
specifically stated that the interest amount has been claimed only
for the amount less the subsidy amount paid by the Government.
Petitioner would submit that the amount claimed as per the
statement is not correct and a proper statement of accounts
reflected the actual amount due may furnished to the petitioner.
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Therefore, I am of the view that the above writ petition could
be disposed of with the following directions:-
The respondent Bank shall intimate the petitioner regarding the
actual amount due as on date along with the statement of account.
If the petitioner is aggrieved by the amount shown in the reply given
by the Bank as directed above, it is for the petitioner to work out the
remedy in appropriate proceedings.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2025:KER:51429
APPENDIX OF WP(C) 13585/2021
RESPONDENT EXHIBITS
Exhibit R2(a) True copy of the account statement of the
petitioner loan account
PETITIONER EXHIBITS
Exhibit P7 The letter dt. 07-10-13 issued by the 2nd
respondent bank to the 1st respondent
Exhibit P6 The true copy of agreement dt. 12-03-13
Exhibit P8 The true copy of letter No. K(2)80/13 dt.
13-12-13 issued by the 1st respondent to
the 2nd respondent
Exhibit P1 TRUE COPY OF THE DEMAND LETTER
DT.06/11/2020 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF POSTAL RECEIPT DT. 29/4/21 OF
EXT. P4
Exhibit P2 TRUE COPY OF THE LETTER DT. 05/12/2019 BY
THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY DEMAND
NOTICE DT. 13/04/2021 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P4 TRUE COPY OF THE OBJECTION DT. 29/4/21 BY
THE PETITIONER SENT TO THE 3RD RESPONDENT.
