IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 26506 of 2005(E) ------------------------------------- PETITIONER: ----------------- P.N. SIVAN, PUTHENVEEDU, PULPALLY (P.O), WAYANAD (DIST.), PIN-673579. BY ADV. SRI.S.M.PRASANTH RESPONDENTS: ----------------------- 1. STATE BANK OF INDIA, REP. BY THE BRANCH MANAGER, STATE BANK OF INDIA, KAPPISET BRANCH, PULPALLY, WAYANAD DISTRICT. 2. TAHSILDAR (REVENUE RECOVERY), AMBALAVAYAL, WAYANAD DISTRICT. 3. THE VILLAGE OFFICER, PULPALLY VILLAGE, PULPALLY (P.O), WAYANAD DISTRICT. GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL BY ADV. SRI.P.V.SURENDRANATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 26506/2005 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE RELEVANT PAGES OF THE PASS BOOK OF THE PETITIONER ISSUED BY THE R1. EXT.P2. COPY OF THE DEMAND NOTICE UDER SECTION 34 DT. 1/09/05 ISSUED BY R2 TO THE PETITIONER. EXT.P3. COPY OF THE RR NOTICE UNDER SECTION 7 DT. 20/1/2005 ISSUED BY R2 TO THE PETITIONER. RESPONDENT'S EXHIBITS NIL. True copy tga V.GIRI,J. ------------------------- W.P ( C) No. 26506 of 2007 -------------------------- Dated this the 25th January, 2008 J U D G M E N T Petitioner availed an agricultural term loan of Rs.80,000/- on 21.8.1998. Apparently repayment of the loan was defaulted. But nevertheless according to the petitioner payment was being made from time to time. The last payment was for an amount of Rs. 1 lakh on 29.1.2004, as evidenced by Exhibit P1. Since there was default in the repayment of loan, revenue recovery steps have been initiated against the petitioner. Exhibit P2 shows that the total amount demanded as on 19.1.2005 was Rs.1,33,015/-. Exhibit P3 also evidences the same. Petitioner challenges Exhibits P2 and P3. It is contended that since Exhibit P1 itself shows that the balance amount due on 29.1.2004 is only Rs.33,015/-, the amount of Rs,1,33,015/- shown in Exhibits P2 and P3 is incorrect. 2. Learned standing counsel for the Bank Sri.P.V.Surendranath submits that the amount shown in Exhibit P2 will be deducted by the amount of Rs.1 lakh which was W.P ( C) No. 26506 of 2007 2 remitted on 29.1.2004 and recovery will be effected only for the balance amount. Submission is recorded. Counsel for the petitioner submits that there are several schemes currently in force which imposes a moratorium on the Bank proceeding with the recovery of amounts due under agricultural loans. None of them have been placed on record. I am also constrained to take note of the following proceedings recorded by the Lok Adalath. “Neither the petitioner nor his counsel was present. Manager of the State Bank of India and counsel appeared. On behalf of the 2nd respondent the Junior Superintendent (RR), Ambalavayal also appeared. On behalf of 1st respondent it was submitted that they are prepared to settle the claim on receipt of Rs.25,000/- (Rupess Twenty five thousand only) on or before 25.2.2007, over and above the payment already made against the outstanding balance of around Rs.45,000/-. Issue fresh notice to the petitioner along with a copy of this order.” 3. For resolving the dispute by amicable settlement, apparently, the bank was prepared to settle the claim for Rs.25000/- as against the outstanding amount of Rs.45,000/- as on 8.1.2007 provided a payment was effected on or before 25.2.2007. Petitioner was not prepared to accept the same. In the result, I do not find any grounds to interfere with the impugned notice or to issue a direction to the bank as such. Nevertheless taking note of the petitioner’s submission that the W.P ( C) No. 26506 of 2007 3 farming sector in Wayand district is undergoing a harsh period, recovery pursuant to Exhibits P2 and P3 will be kept in abeyance for a period of three months. In the meanwhile petitioner may approach the Bank for settlement of the accounts and I am sure the Bank authorities will consider the same sympathetically. The writ petition is disposed of as above. (V.GIRI, JUDGE) ma W.P ( C) No. 26506 of 2007 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007