IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 16800 of 2009(T) ---------------------------------------- PETITIONER(S): ----------------------- ANANDAN, S/O.KUTTY, AGED 49 YEARS, A.S. NIVAS, KUMARAPURAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. MR.B.RENJITHKUMAR, MR.PADMALAYAN.P.P. RESPONDENT(S): -------------------------- 1. THE KARTHIKAPPALLY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. A.326, HARIPPAD P.O., ALAPPUZHA DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, OFFICE OF THE KARTHIKAPPALLY CO-OP. AGRL. AND RURAL DEVELOPMENT BANK LTD. NO. A.326. 2. THE SPECIAL SALE OFFICER, THE KARTHIKAPPALLY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. A.326, HARIPPAD P.O., ALAPPUZHA DISTRICT. R1 & R2 BY ADV. MR.P.SREEKUMAR, MR.K.S.MANU (PUNUKKONNOOR). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16800/2009-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DATED 11/12/2008 SUBMITTED BY THE PETITIONER BEFORE THE DEBT RELIEF COMMISSIONER, THIRUVANANTHAPURAM. EXT.P2: COPY OF THE SLAE PROCLAMATION PUBLISHED IN MATHRUBHUMI DAILY PUBLISHED ON 30/05/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.16800 of 2009 ------------------------------------------- Dated this the 5th day of March, 2010 JUDGMENT The petitioner and his wife had availed a loan from the first respondent bank on the security of immovable properties comprised in Sy.No.495/2 of Kumarapuram Village which belongs to them. However, they could not repay the loan. It is the case of the petitioner that, he is an agriculturist who is entitled to the benefit of waiver of the loan. According to him, though he is entitled to waiver of the entire loan, only a portion thereof has been waived by the bank. He has submitted Ext.P1 before the Farmers' Debt Relief Commission, Thiruvananthapuram, which is pending. 2. As a condition for the interim order dated 18.6.2009, the petitioner has remitted an amount of Rs.50,000/-. A further amount of Rs.25,000/- has been paid as per the interim order dated 6.1.2010. On wpc No.16800/2009 2 behalf of the bank, a statement has been filed requiring the petitioner to remit a further amount of Rs.25,723/- on or before 30.3.2010 so as to make him eligible for the benefits of the Debt Relief Scheme. The petitioner is willing to remit the said amount also within the time stipulated. However, his contention is that he is entitled to a total waiver of the amounts due from him for which relief, an application is pending before the Farmers' Debt Relief Commission. Therefore, he prays that the amounts paid as well as the amount that he has agreed to pay in terms of the statement filed on behalf of the bank shall also be subject to the final orders that may be passed on Ext.P1 application submitted by him. In view of the fact that the question of grant of concession to the petitioner is pending consideration of the Farmers' Debt Relief Commission, no further orders are necessary to be passed in this case at this stage. 3. In the above circumstances, this Writ Petition is disposed of directing the petitioner to remit a wpc No.16800/2009 3 further amount of Rs.25,723/- (Rupees Twenty Five Thousand Seven Hundred and Twenty Three only) towards the debt due to the bank before 30.3.2010. All the payments made above as per the directions of this Court, totalling an amount of Rs.1,05,723/- shall be subject to the final orders that may be passed by the Farmers' Debt Relief Commission on Ext.P1 application submitted by the petitioner before the said Authority. If orders are passed by the said Authority allowing waiver of the entire amount due from the petitioner, the amounts paid shall be refunded to him by the bank. Pending final orders of the Debt Relief Commission, the petitioner can move the first respondent bank for payment of any further amounts due in instalments. Such further payments shall also be subject to the final orders of the Farmers' Debt Relief Commission. K.SURENDRA MOHAN, JUDGE css/