IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 11222 of 2009(W) -------------------------- PETITIONER(S): ----------------------- K. O. CHACKO, KUTTETTAYUIL, ARUMANOOR. BY ADV. SRI. LIJI. J. VADAKEDOM RESPONDENT(S): ------------------------- 1. AYARKUNNAM SERVICE CO-OP. BANK LTD., REPRESENTED BY ITS SECRETARY, AYARKUNNAM, KOTTAYAM-686 564. 2. NODAL OFFICER (DEBT RELIEF SCHEME 2008), AYARKUNNAM SERVICE CO-OP. BANK, AYARKUNNAM, KOTTAYAM. 3. NODAL OFFICER, DISTRICT CO-OPERATIVE BANK, KOTTAYAM, OFFICE OF THE DISTRICT CO-OP. BANK, KOTTAYAM. 4. DISTRICT OFFICER (NABARD), DISTRICT OFFICE - NABARD, KOTTAYAM. 5. JOINT REGISTRAR OF CO-OP. SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OP. SOCIETIES, KOTTAYAM. 6. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE FINANCE DEPARTMENT, NEW DELHI. R5 BY SR. GOVT. PLEADER SMT. ANITHA RAVINDRAN R1 BY ADV. SRI. P. C. SASIDHARAN R3 BY ADV. SRI. T. A. SHAJI P. PARAMESWARAN NAIR, ASST. S. G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 11222 of 2009(W) APPENDIX PETITIONER'S EXHIBITS EXT. P1 COPY OF THE RESOLUTION DATED 19.4.2005 OF THE MANAGING COMMITTEE OF THE 1ST RESPONDENT BANK. EXT. P2 PHOTOCOPY OF THE DEBT RELIEF SCHEME 08 EXT. P3 PHOTOCOPY OF THE INTIMATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REJECTING HIS CLAIM FOR THE BENEFIT OF OTS. EXT. P4 PHOTOCOPY OF THE LOAN APPLICATION. EXT. P5 PHOTOCOPY OF THE VENKADAPATHRAM EXT. P6 COPY OF THE CIRCULAR NO. 20/04 DATED 3.8.2004. EXT. P7 PHOTOCOPY OF THE REPORT DATED 4.11.2010 SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM TO THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES. RESPONDENTS EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 11222 of 2009 ----------------------------------------------- Dated this the 24th day of November, 2011 JUDGMENT The petitioner availed a loan from the first respondent bank on 13.5.2005. The loan was to be repaid within a period of one year ending with 13.5.2006. The petitioner defaulted repayment of the loan. After the repayment period came to an end, the Agricultural Debt Waiver and Debt Relief Scheme, 2008 was introduced giving benefits to persons who have availed loans from co-operative institutions. The petitioner claimed the benefit of the said scheme. By Ext.P3 letter dated 23.7.2008, the Secretary of the first respondent society informed the petitioner that his claim for the benefits flowing from the Agricultural Debt Waiver and Debt Relief Scheme, 2008 was not considered in view of the fact that the loan availed by him was repayable over a period of 36 months. Relying on Ext.P5, it is contended that the loan was repayable over a period of 12 months and therefore the stand taken in Ext.P3 cannot be sustained. The petitioner has produced along with I.A.No.17956 of 2011, Ext.P7 report dated 4.11.2010 sent by the Assistant Registrar of Co-operative WP(C)No. 11222 of 2009 -2- Societies (General), Kottayam to the Joint Registrar of Co- operative Societies, Kottayam wherein referring to the claim of the petitioner it is stated that the petitioner was unjustly and illegally denied the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008. In this writ petition the petitioner challenges Ext.P3 and seeks a direction to respondents 1 and 2 to grant him the benefit of Agricultural Debt Waiver and Debt Relief Scheme, 2008. When the writ petition came up for hearing today, Sri. P.C.Sasidharan, the learned counsel appearing for the respondents 1 and 2, submitted that the bank will examine the petitioner's case afresh in the light of Ext.P7 letter and take an appropriate decision in consultation with the third respondent. In view of the said submission having regard to the fact that the issue has been pending for the past more than three years, I dispose of the writ petition with a direction to respondents 1 and 2 to take an appropriate decision on the request made by the petitioner in the light of Agricultural Debt Waiver and Debt Relief Scheme, 2008, having due regard to the contents in Ext.P7 letter dated 4.11.2010 sent by the Assistant Registrar of Co-operative Societies (General), Kottayam to the Joint Registrar WP(C)No. 11222 of 2009 -3- of Co-operative Societies, Kottayam. A final decision in the matter shall be taken expeditiously and in any event within two months on the date of the petitioner produces a certified copy of the judgment before the Secretary of the first respondent bank. Needless to say, it will be open to respondents 1 and 2 to take up the claims of others who have availed loans from the first respondent bank and have been denied the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 in the light of Ext.P7 letter. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge