IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 3699 of 2010(J) ------------------------------------ PETITIONER: ------------------- JOSE K.MATHEW, S/O.MATHEW, AGED 51 YEARS, KOCHUMADUKKAKUZHIYIL HOUSE, THANKAMONI P.O., IDUKKI DISTRICT. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.M.D.SASIKUMARAN, SRI.GEORGE MATHEW. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY [CO-OPERATION], GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SPECIAL SALE OFFICER, MALANADU CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD. NO.352, NEDUMKANDAM P.O., IDUKKI DISTRICT. 3. MALANADU CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD. NO.352, NEDUMKANDAM P.O., IDUKKI DISTRICT, REP. BY ITS SECRETARY. 4. THE SECRETARY, MALANADU CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD. NO.352, NEDUMKANDAM P.O., IDUKKI DISTRICT. R3 & R4 BY ADV. SRI.JOICE GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3699/2010-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 24/07/2008. EXT.P.2: COPY OF THE SALE NOTICE DTD. 17/12/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 3699 OF 2010 J ----------------------------------------------------------- Dated this the 3rd January, 2011. JUDGMENT The petitioner claims to be an agriculturist who is entitled to the benefit of the schemes formulated by the Government for the purpose of ameliorating the conditions of hapless agriculturists like him. According to the petitioner he had availed a loan of Rs.65,000/- from the third respondent on 1.3.2004. However, due to failure of crops and other calamities, he was not in a position to repay the amount due. Since repayment of the loan was remaining in arrears the bank initiated coercive steps for recovery of the amounts due. The petitioner then approached the Kerala State Farmers' Debt Relief Commission by filing Application No: 272055 of 2008/ID. After considering the application, the commission granted relief to the petitioner as per Ext.P1 order. The petitioner was granted relief to the extent of Rs.38,000/- and the balance amount of Rs.38,000/- was directed to be remitted on or before 31/12/2009. However, the petitioner was not able to remit the amount within the time stipulated. Subsequently, he filed the present writ petition. As per an order dated 4/2/2010, the petitioner was granted a stay of further proceedings to recover the WPC 3699/2010 2 amount due on condition that the petitioner remitted an amount of Rs.10,000/- within a period of two weeks and a further mount of Rs.10,000/- within a period of two weeks thereafter. Accordingly, it is the case of the petitioner that he has remitted both the instalments and thereafter, paid off the balance amount also. The counsel for the petitioner has drawn my attention to paragraph 7 of the counter affidavit filed on behalf of respondents 3 and 4 to submit that an amount of Rs.10,000/- was paid on 16/2/2010, a further amount of Rs.10,000/- was paid on 1/3/2010 and an amount of Rs.18,000/- was paid on 30/3/2010. Therefore, according to the petitioner the entire amount that is stipulated by Ext.P1 final order has already been paid, though not within the time stipulated therein. The petitioner, therefore, seeks condonation of the delay in making the payment and prays for being given the benefits granted to him as per Ext.P1. 2. Adv. Joice George who appears for respondents 3 and 4 submits that the omission on the part of the petitioner in not remitting the amounts on time has caused loss and hardship to the respondents. It is submitted that since the time limit fixed by the WPC 3699/2010 3 commission was not complied with, respondents 3 and 4 would not be paid the amounts due to them under the relief scheme. Therefore, it is submitted that unless the delay is condoned or the time for payment extended, the bank is not in a position to make any concession available to the petitioner. The bank also claims interest for the delay in making the payment. It is further pointed out by the counsel that at present, even after giving credit for the amount paid by the petitioner the balance amount due as on 6/7/2010 is Rs.50,656/-. Therefore, he submits that the petitioner may be directed to make further payments. 3. I have heard the rival contentions of the parties. I have given anxious consideration to the contentions raised. 4. It is true that as per Ext.P1 final order the petitioner was given relief to the extent of Rs.38,000/- and the balance amount of Rs.38,000/- was directed to be paid by him on or before 31/12/2009. However, he did not take the benefit of the said concession and therefore, the time limit stipulated in Ext.P1 expired. However, after the filing of this writ petition, he has remitted the entire amount stipulated in Ext.P1 before 31/3/2010. WPC 3699/2010 4 Therefore, as matters stand at present, the payment has been made with a delay of three months. The contention of the bank that the petitioner would have to bear the interest commitment that has been occasioned to the bank during the period of delay cannot be brushed aside. Since the amount stipulated by Ext.P1 has already been paid, it is for the Kerala State Farmers' Debt Relief Commission, Trivandrum to decide whether the petitioner should be given the benefit of Ext.P1 by suitably extending the time limit or by condoning the delay in making the payment. Since the petitioner has made payment of the entire amount stipulated in Ext.P1, it cannot be said that the petitioner was deliberately evading payment. It cannot also be disputed that the petitioner is an agriculturist entitled to the relief of waiver of debts. Therefore, a sympathetic decision would have to be taken in this regard, keeping in mind the objects of the relief scheme and at the same time, safeguarding the interests of the third respondent bank also. 5. In the above circumstances this writ petition is disposed of with the following directions:- a) The petitioner shall file a suitable application before the WPC 3699/2010 5 Kerala State Farmers' Debt Relief Commission, Trivandrum, within a period of 15 days from the date of receipt of a copy of this judgment seeking a suitable modification of Ext.P1 order. b) If such an application is filed, the Commission shall consider the same and pass appropriate orders thereon in the interests of justice after hearing respondents 3 and 4 also, bearing in mind the broad considerations indicated hereinabove . c) Orders as indicated above shall be passed as expeditiously as possible, at any rate before 20/3/2011. Until final orders are so passed, all coercive steps to recover the amounts due from the petitioner shall be kept in abeyance. K. SURENDRA MOHAN Judge jj WPC 3699/2010 6