IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2557 of 2010(T) -------------------------------------- PETITIONER(S): ------------------------- 1. M.J.ROY, AGED 39, S/O.LATE JOSEPH, RESIDING AT MULLOOR HOUSE, THALUMKANDAM, MANKULAM P.O., IDUKKI DISTRICT. 2. MRS. SAJI ROY, W/O.M.J.ROY, RESIDING AT MULLOOR HOUSE, THALUMKANDAM, MANKULAM P.O., IDUKKI DISTRICT. BY ADVS. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB, SMT.RABIA BEEGAM T.K., MR.JOBI.A.THAMPI SMT.M.KABANI DINESH, SMT.BOBY M.SEKHAR, SMT.FASHIYA YOUSEFF. RESPONDENT(S): --------------------------- 1. THE DEVIKULAM TALUK CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO.1-136, REPRESENTED BY ITS SECRETARY, ADIMALI P.O., IDUKKI DISTRICT, PIN - 685 561. 2. SPECIAL SALE OFFICER, THE DEVIKULAM TALUK CO-OP. AGRICULTURAL DEVELOPMENT BANK LTD., NO.1-136, ADIMALI P.O. 685 561, IDUKKI DISTRICT. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R3 & R4 BY GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO. 2557 OF 2010 ............................................ DATED THIS THE 27TH DAY OF JANUARY, 2010 JUDGMENT The petitioners claim that they are agriculturists and members of the first respondent, Bank. According to them, the repayment towards certain loans availed of by them are remaining in arrears, consequent to the financial problems faced by them due to failure in agricultural crops. The case of the petitioners is that the loans were availed by them for agricultural operations like clearing the property, levelling, terracing, cultivation, etc. They have given their properties extending 3.10 acres in Survey No.76/1 of Mankulam Village and One acre in the same survey number as security for the loan transactions. 2. They claim that they are entitled to waiver of the loans taken by them under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 introduced by the Government of India to help farmers who have availed agricultural loans from the banks and other financial institutions. It is the case of the petitioners that since the first petitioner comes within the purview of Ext.P1 Scheme, his name was included in Wpc 2557/2010 2 the list prepared by the first respondent as serial No.250. As per Ext.P3 published by the first respondent, meetings were convened to extend the benefits given to persons similar to the petitioners. However, thereafter without any reference to the proceedings to waive the agricultural loans, Ext.P6 has been issued notifying the properties of the petitioners for sale. The sale is scheduled to be conducted on 29.1.2010. The petitioners challenge the action of the second respondent in these proceedings. 3. I have heard the counsel for the petitioner as well as learned Government Pleader. 4. Ext.P5 is a representation submitted by the petitioner addressed to the first and second respondents. The same is pending consideration of the said authorities. Therefore, this writ petition could be disposed of directing the first respondent or the person appointed as the Grievance Redressal Officer by the first respondent to consider Ext.P5 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible, and at any rate, within a period of one month from the date of receipt of a copy of this judgment, after Wpc 2557/2010 3 affording an opportunity of hearing to the petitioners also in the matter. Pending final disposal of Ext.P5, all further proceedings for sale of the property of the petitioners based on or pursuant to Ext.P6 notice of auction shall remain stayed. K.SURENDRA MOHAN, JUDGE lgk