IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 9342 of 2011(P) ------------------------- PETITIONER(S): --------------- 1. DR.P.M.MATHEW, NO.242, KALLUMTHARA, KOZHENCHERY, PATHANAMTHITTA DISTRICT. 2. DR.SHERY P.MATHEW, NO.242, KALLUMTHARA HOUSE, KOZHENCHERY, PATHANAMTHITTA DISTRICT. 3. ALICE MATHEW, NO.242, KALLUMTHARA HOUSE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.SUDHEESHKAR RESPONDENT(S): --------------- MANAGER, THE LAKSHMI VILAS BANK LTD., ERNAKULAM (KOCHI) BRANCH, XXXVI-1723B, CHITTOOR ROAD, KARTHIKA, 1ST FLOOR, KOCHI-682 016. ADV. SRI.A.KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9342 of 2011 APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE NOTICE DATED 25.02.2011 ISSUED BY THE RESPONDENT TO THE PETITIONERS P2 : COPY OF THE REQUEST MADE BY THE PETIITONERS DATED 2.3.2011 TO THE RESPONDENT RESPONDENT'S EXHIBITS: R1(a) : COPY OF THE STATEMENT OF ACCOUNT DATED 24.05.2011 OF THE LOAN ACCOUNT OF THE FIRST PETITIONER R1(b) : COPY OF THE STATEMENT OF ACCOUNT DATED 24.05.2011 OF THE LOAN ACCOUNT OF THE SECOND PETITIONER R1(c) : COPY OF THE STATEMENT OF ACCOUNT DATED 24.05.2011 OF THE LOAN ACCOUNT OF THE THIRD PETITIONER R1(d) : COPY OF AGRICULTURAL DEBT WAIVER AND DEBT RECOVERY SCHEME 2008. //TRUE COPY// P.A. TO JUDGE smvd ANTONY DOMINIC, J. ================ W.P.(C) NO. 9342 OF 2011 (P) ===================== Dated this the 5th day of July, 2011 J U D G M E N T The petitioners have availed of loans of `88,00,000/- each from the respondent Bank for the purpose of purchasing a rubber plantation. Default was committed and amounts are remaining unpaid. In this writ petition, petitioners contended that they are entitled to the benefit of Ext.R1(d), the Agricultural Debt Waiver and Debt Relief Scheme, 2008. Another contention raised is that the petitioners have applied for the benefit of a one time settlement scheme and that the Bank should be directed to extend the benefit of the said scheme. 2. The respondent Bank has filed a counter affidavit. In so far as the claim of the petitioners for the benefit of Ext.R1(d) scheme is concerned, it is averred thus:- “The allegation in para 3 is denied. There was no request from the petitioners to extend facility of Agricultural Debt Relief Scheme implemented by Government of India. Moreover it is pertinent to mention here that this scheme is not applicable to the loan facility availed by the petitioners. The petitioners are not farmers. The said Agricultural Debt Waiver and Debt Relief Scheme, 2008 is not applicable to the petitioners due to many such as : WPC No. 9342/11 :2 : a) The Agricultural Debt Waiver and Debt Relief Scheme is applicable only for loans disbursed upto 31.3.2007, overdue as on 31.12.2007 and remain unpaid till 29.2.2008. The said scheme is not applicable to the petitioners because the loan itself was extended to the petitioners only on 10.3.2008, 27.2.2008 and 26.3.2008 respectively for petitioners 1, 2 and 3. b) The petitioner will not come under the category of farmers mentioned under the scheme. c) The scheme is applicable to the revenue districts listed in Annexure 1 of the Debt Relief Scheme 2008. d) The implementation of Debt Waiver and Debt Relief Scheme should have been completed by 30th June, 2008. Therefore, the petitioners are not in any way eligible under the scheme.” 3. Answering the claim of the petitioners for the benefit of one time settlement scheme, it is stated in para 13 of the counter affidavit that the Bank had no one time settlement scheme and that even today, Bank has no such scheme. 4. From the above stand taken by the Bank, it is obvious that the petitioners are neither eligible for the benefit of Ext.R1(d) scheme nor could the petitioners have claimed the benefit of any one time settlement scheme. Such being the case, there is no WPC No. 9342/11 :3 : substance in the relief sought for. Writ petition is only to be rejected and I do so. ANTONY DOMINIC, JUDGE Rp