IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 22875 of 2009(D) -------------------------- PETITIONER(S): ------------------ 1. T.C.MATHEW, MULAMATTATHIL HOUSE,ARUMANOOR P.O., AYARKUNNAM,KOTTAYAM. 2. RETHOSH V.C., VELAMATTU HOUSE,AYARKUNNAM,KOTTAYAM. 3. M.T.BENNY, MAMPANIYIL HOUSE,ARUMANOOR POST, AYARKUNNAM,KOTTAYAM. 4. JAMES K.S., KUNJARAKATTIL,,ARUMANNOOR, AYARKUNNAM,KOTTAYAM. 5. SATHICHANDRABALAN V.G., VELAMATTU HOUSE,AYARKUNNAM,KOTTAYAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): ------------------- 1. THE REGISTRAR, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE SECRETARY, THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM. 3. THE GRIEVANCE REDRESSAL OFFICER, AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME 2008,AYARKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.4/47,AYARKUNNAM. 4. THE SECRETARY, AYARKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.4/47, AYARKUNNAM. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR SRI.T.A.SHAJI, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 22875 OF 2009 (D) ===================== Dated this the 11th day of August, 2009 J U D G M E N T Petitioners 1 to 5 submit that based on Exts.P1 to P9, they had availed loans of Rs.2 lakh each from the 4th respondent. It is stated that on the introduction of Agricultural Debt Waiver and Debt Relief Scheme, 2008, they submitted applications for wavier of their liability. Subsequently, petitioners have received communications similar to Exts.P10 and P11 suggesting that the matter has been forwarded to the District Co-operative Bank and the Department of Co-operation for consideration. It is complaining that orders have not been passed on the application made, this writ petition has been filed. 2. Standing counsel appearing for the 2nd respondent points out that despite the purpose shown in the application, loans were sanctioned as ordinary loans and it was therefore that they are awaiting clarification from the NABARD and the Government. It is stated that it was therefore that the applications are kept pending. 3. As rightly pointed out by the learned Government WPC 22875/09 :2 : Pleader, in the scheme formulated by the Central Government and implemented in the Co-operative Sector, it is for the 3rd respondent to consider the claim when applications are received. In this case, admittedly the 3rd respondent has not considered the matter. On the other hand, it would appear that the matter has been forwarded to the 2nd respondent for consideration. This clearly is erroneous. Therefore, I dispose of this writ petition directing that the 3rd respondent shall collect the applications made by the petitioners from wherever it is pending and pass final orders thereof. This shall be done, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE Rp