IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WA.No. 1756 of 2009 ------------------------------------- AGAINST THE JUDGEMENT IN WPC.459/2009 Dated 14/01/2009 .................... APPELLANT/PETITIONER ------------------------------------ V.P.PRASAD,VELLARAMKUNNEL HOUSE, EDAVARAMBA, CHERUPUZHA. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SYNDICATE BANK, REPRESENTED BY CHAIRMAN, MANIPAL. 3. THE BRANCH MANAGER, SYNDICATE BANK, CHERUPUZHA BRANCH. 4. THE GRIEVANCE REDRSSAL OFFICER, SYNDICATE BANK, REGIONAL OFFICE, KANNUR. 5. PAREMESHWARAN, VELLARAMKUNNEL, EDAVARAMBA, CHERUPUZHA, KANNUR. 6. JANARDHANAN NAIR, ELAYIDATHUKUNNEL, KUMBANKUTH, CHERUPUZHA. R1 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R2 TO R4 BY ADV.SRI.R.S.KALKURA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1756 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2009 JUDGMENT S.R.Bannurmath, C.J. The appellant/petitioner, aggrieved by the order of the learned Single Judge dated 14.01.09 in WP(C) No.459 of 2009 rejecting his writ petition, has approached this Court in the present appeal. 2. The appellant/petitioner had challenged the orders, Exts.P5 and P6, and also sought for a declaration that he is a small farmer in terms of Ext.P2 Scheme. Noticing the fact emanating from his application Ext.P5 itself, as the petitioner's holding is more than 5 acres, in our view, the learned Single Judge was justified in holding that the writ petitioner cannot be declared as a small farmer and he comes within the category of other farmer and as such declined to grant the relief prayed for. 3. On perusal of the records and after hearing the learned counsel for the appellant, we do not find any WA No.1756/09 -:2:- contra-indicating materials to show that the holding of the petitioner falls within the prescribed holding of small farmers and as admittedly he is holding more than 5 acres, he comes under the category of other farmers. As such, we do not find any illegality or irregularity in the impugned order and hence we decline to interfere with the same. The writ appeal stands dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb