IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 2148 of 2009(E) ------------------------- PETITIONER(S): ------------------ 1. P.V.BABU, S/O.VARKEY, (MEMBER NO.1751, NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD., NO.E 135), PULLEN HOUSE, NEDUNGAPRA P.O., ERNAKULAM DISTRICT. 2. JESSY BABU, W/O.P.V.BABU, (MEMBER NO.1753, NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD., NO.E 135), PULLEN HOUSE, NEDUNGAPRA P.O ERNAKULAM DISTRICT. 3. K.P.MOHANAN, S/O.PADMANABHAN, (MEMBER NO.2500, NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD., NO.E 135), PULLEN HOUSE, NEDUNGAPRA P.O ERNAKULAM DISTRICT. 4. SINI MOHANAN, W/O.K.P.MOHANAN, MEMBER NO.10432, NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD., NO.E 135), PULLEN HOUSE, NEDUNGAPRA P.O ERNAKULAM DISTRICT. 5. KORU PADMANABHAN, S/O.KORU, (MEMBER NO.4481, NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD., NO.E 135), PULLEN HOUSE, NEDUNGAPRA P.O ERNAKULAM DISTRICT. BY ADV. SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN RESPONDENT(S): --------------------- 1. THE NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD., NO.135, NEDUNGAPRA P.O., VIA KURUPPAMPADY, ERNAKULAM DISTRICT, PIN 683 545, REPRESENTED BY ITS SECRETARY. WPC NO.2148/09 -2- 2. DISTRICT CO-OPERATIVE BANK LTD., KAKKANAD P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS GENERAL MANAGER. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM, KOCHI-16. 4. THE NATIONAL BANK FOR AGRICULTURE RURAL DEVELOPMENT, REGIONAL OFFICE, PUNNAM ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL MANAGER. GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R3 SRI.V.G.ARUN FOR R1 SRI.T.R.HARIKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009, ALONG WITH WPC NO. 2838 AND 3765 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2148/09 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF CIRCULAR NO.1/2008 DT 28.5.2008. EXT.P2: TRUE COPY OF LR.NO.AG.DRS/07-08 DT 2.6.08 WITH SCHEME. EXT.P3: TRUE COPY OF LOAN DETAILS OF 1ST PETITIONER DATED 12.4.06. EXT.P4: TRUE COPY OF LOAN DETAILS OF 2ND PETITIONER DATED 12.4.06. EXT.P5: TRUE COPY OF LOAN DETAILS OF 3RD PETITIONER DATED 19.08.06. EXT.P6: TRUE COPY OF LOAN DETAILS OF 4TH PETITIONER DATED 19.08.06. EXT.P7: TRUE COPY OF LOAN DETAILS OF 5TH PETITIONER DATED 9.9.04. EXT.P8: TRUE COPY OF DETAILS OF DUES OF 1ST PETITIONER. EXT.P9: TRUE COPY OF DETAILS OF DUES OF 2ND PETITIONER. EXT.P10: TRUE COPY OF DETAILS OF DUES OF 3RD PETITIONER. EXT.P11: TRUE COPY OF DETAILS OF DUES OF 4TH PETITIONER. EXT.P12: TRUE COPY OF DETAILS OF DUES OF 5TH PETITIONER. EXT.P13: TRUE COPY OF ORDER ISSUED TO 1ST PETITIONER DT.28.11.2008. EXT.P14: TRUE COPY OF ORDER ISSUED TO 2ND PETITIONER DT.28.11.2008. EXT.P15: TRUE COPY OF ORDER ISSUED TO 3RD PETITIONER DT.28.11.2008. EXT.P16: TRUE COPY OF ORDER ISSUED TO 4TH PETITIONER DT.28.11.2008. EXT.P17: TRUE COPY OF ORDER ISSUED TO 5TH PETITIONER DT.28.11.2008. WPC NO.2148/09 -2- EXTS OF R1 EXT.R1(a): TRUE COPY OF THE RESOLUTION DT 8.7.08 //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ================ W.P.(C) NOs. 2148, 2838 & 3765 OF 2009 ============================= Dated this the 23rd day of May, 2009 J U D G M E N T In these writ petitions, the claim of the petitioners is for the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 announced by the Government of India. They made applications, but however, their applications were rejected by the respondents on the ground that they were ineligible for the benefit of the scheme, since on the expiry of the period of the loans availed of, the same were renewed by the Bank. According to the Bank, on account of this reason, there was no default as on 31/3/2007 and hence their cases are outside the scheme announced by the Government. 2. The case of the Bank that the loans were renewed is disputed by the petitioners. This being a factual dispute, is incapable of resolution in a proceedings under Article 226 of the Constitution of India and therefore the right course available to the petitioners is to raise the issue in a proceedings under Section 69 of the Kerala Co-operative Societies Act. This the petitioners may do. With that liberty and without expressing anything on the WPC 2148, 2838 & 3765 /09 :2 : merits of the contentions raised by both sides, these writ petitions are disposed of. ANTONY DOMINIC, JUDGE Rp