IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 4TH MAY 2009 / 14TH VAISAKHA 1931 WP(C).No. 8762 of 2009(M) ------------------------- PETITIONER(S): --------------- K.V.JOSEPH, KAVALAKATTU, MUTTAM P.O., THODUPUZHA. BY ADV. SRI.THAMPAN THOMAS RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE, MUTTOM, THODUPUZHA. 2. THE GENERAL MANAGER, STATE BANK OF TRAVANCORE, ZONAL OFFICE, PANAMPILLY NAGAR, KOCHI. BY SC SRI.K.S.DILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).8762/2009 -------------------- Dated this the 4th day of June, 2009 JUDGMENT Petitioner claims to be an agriculturist having an extent of 4 acre 94 cents of land. According to the petitioner, he availed two agricultural loans for an amount of Rs.1,10,000/- and 1,50,000/- and another educational loan to the tune of Rs.7,00,000/-. An equitable mortage was created on 26.8.1999 and renewed as well. According to him, the educational loan is to be repaid after the petitioner's son gets a job on the basis of education. Petitioner defaulted in the repayment of the agricultural loan. Petitioner has sought for the benefit of the Agriculture Debt Waiver and Debt Relief Scheme, 2008, and he submitted Ext.P6 application in this regard claiming the benefit of the same. No reply has been given thereto. In the meanwhile, revenue recovery proceedings have been initiated against the petitioner as evidenced by Ext.P12 notice and hence the writ petition. W.P.(C).8762/2009 2 2. Pursuant to the direction issued by this Court, the first respondent, Bank, filed a statement inter alia contending that the petitioner owns more than 5 acres of land. Therefore, he is eligible only for 25% waiver as per the scheme. In the matter of educational loan, dues are Rs.5,23,668/- and the amount due under the agricultural loan is 2,33,429/-. Learned counsel for the first respondent also refers to a letter sent to the petitioner by the Bank on 3.1.2009 which indicates that he is in possession of 6 acres of rubber plantation. If this be so, then obviously petitioner will have to be considered as possessing more than 5 acres of land. The question is whether he was in possession of the said property also at the time of sanction of the loan and whether he has correctly disclosed the facts in his application for loan. 3. Petitioner is entitled to a reasoned reply to Ext.P6. This shall be given, after adverting to the W.P.(C).8762/2009 3 petitioner's contentions, within one month from the date of receipt of a copy of this judgment. The interim order already passed by this Court shall continue to be in force till such a reply is given to the petitioner on Ext.P6. Writ petition is disposed of as above. V.GIRI, Judge mrcs