IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 33188 of 2009(P) -------------------------- PETITIONERS: ---------------- K.M.SALIM, AGED 40 YEARS, S/O.K.A.MAIDEEN RAWTHER, PERUMPRATH (KOKKAPUZHA) HOUSE, ERATHU VADAKARA P.O. MANIMALA, KOTTAYAM. BY MR.BABU CHERUKARA, ADVOCATE MR.ANZAR BASHEER, ADVOCATE RESPONDENTS: ----------------- 1. THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE, PARLIAMENT HOUSE, NEW DELHI. 2. THE RESERVE BANK OF INDIA, REPRESENTED BY IT'S DEPUTY GOVERNOR, RESERVE BANK OF INDIA, NEW DELHI. 3. THE DEPUTY GENERAL MANAGER, STATE BANK OF TRAVANCORE, ZONAL OFFICE, KOTTAYAM. 4. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, MANIMALA BRANCH, MANIMALA. BY MR.T.P.M.IBRAHIM KHAN,ASGI FOR R1 &2 MR.R.S.KALKURA, SC, SBT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33188 OF 2009 --------------------------------------- Dated this the 15th day of January, 2010. J U D G M E N T The petitioner herein had availed of an agricultural loan of Rs.1,50,000/- on 15.06.2006 from the State Bank of Travancore, Manimala Branch as per loan No.ATL-67013334192. It is the case of the petitioner that the monthly instalment fixed for repayment was at the rate of Rs.3,500/- and the interest charged on the same was at the rate of 12% per annum. The petitioner admits that there had been defaults in repayment and thereafter he had remitted an amount of Rs.30,000/- on 15.05.2007, and because of heavy financial difficulties, he could not continue to make the payment. 2. The petitioner is seeking the benefit of Agricultural Debt Waiver and Debt Relief Scheme 2008 declared as per Exhibit P2 by the Central Government. It is stated that the loan sanctioned to the petitioner will also be covered by the scheme as the loan was overdue on 31.12.2007 and was remaining unpaid till W.P.(C) No.33188/2009 2 29.02.2008. Exhibit P4 is the application submitted by the petitioner dated 28.07.2008 and on receipt of the same, the 3rd respondent gave a reply as per Exhibit P5 stating that the petitioner will be given a detailed reply in the matter. 3. The petitioner had been awaiting prompt action in the matter. But, on the failure of the Bank in communicating any decision, a reminder was also sent. That reminder was received by the 3rd respondent on 03.11.2008 as evidenced by Exhibit P6 acknowledgment card. Exhibit P7 is the copy of lawyer notice sent by the petitioner to the 3rd respondent, which was also received as evidenced by Exhibit P8 acknowledgment card. Having failed in his attempt to get any positive action on the part of the Bank, the petitioner has approached this Court by filing this writ petition. 4. The main prayer in the writ petition is for a direction to the Bank to consider the petitioner's application and extend the benefits under the scheme. Heard the learned Standing Counsel for the Bank also. The Bank is bound to consider his application in accordance with the W.P.(C) No.33188/2009 3 Scheme. There will be a direction to the respondents 3 and 4 to consider the application submitted by the petitioner for the benefit of Exhibit P2 scheme or any other scheme which is in force and appropriate action will be taken and communication with regard to the eligibility of the petitioner for the benefit under the scheme will be issued within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp