IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 1040 of 2011(D) -------------------------------------- PETITIONER(S): ----------------------- M.BALAKRISHNAN, AGED 57 YEARS, S/O.MUMMOORTHI CHETTIAR, PILLAYAR KOVIL STREET, THEVARAM P.O., THENI DISTRICT, TAMILNADU. BY SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE BY ADV. SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL SRI.BOBBY THOMAS SRI.M.L.JISHNU RESPONDENT(S): --------------------------- 1. STATE BANK OF TRAVANCORE, NEDUMKANDAM, NEDUMKANDAM P.O., IDUKKI DISTRICT, REP. BY ITS MANAGER, PIN-685 553. 2. THE TAHSILDAR (RR), NEDUMKANDAM P.O., IDUKKI DISTRICT, PIN-685 553. 3. THE DEPUTY TAHSILDAR(RR), NEDUMKANDAM P.O., IDUKKI DISTRICT-685 553. 4. THE VILLAGE OFFICER, UDUMBANCHOLA VILLAGE, UDUMBANCHOLA P.O., IDUKKI DISTRICT-685 554. 5. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. R1 BY ADV. SRI.SATHISH NINAN,SC R2 TO R5 BY SR GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.1040/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME 2008. P2 COPY OF THE ORDER PASSED BY THE KERALA STATE DEBTS RELIEF COMMISSION DATED 31/1/2009. P3 COPY OF THE DEMAND NOTICE DATED 1/12/2010 ISSUED BY THE 3RD RESPONDENT. P4 COPY OF THE DEMAND IN FORM NO.10 DATED 1/12/2010 ISSUED BY THE 3RD RESPONDENT. P5 COPY OF THE RECEIPT DATED 3/1/2011 2ND RESPONDENT. P6 COPY OF THE RECEIPT DATED 7/1/2011 1ST RESPONDENT. P7 COPY OF THE REQUEST MADE BY THE PETITIONER DATED 28/12/2010 TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS AND ANNEXURES: ANNEX 1: COPY OF THE LETTER DATED 17/5/2010 SENT BY THE BANK TO THE PETITIONER. ANNEX 1(A): COPY OF THE LETTER DATED 17/5/2010 SENT BY THE BANK TO THE PETITIONER. ANNEX 2: COPY OF THE LETTER DATED 3/6/2010 SENT BY THE BANK TO THE PETITIONER. /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 1040 of 2011 ================== Dated this the 18th day of July, 2011 J U D G M E N T The petitioner availed of an agricultural loan from the 1st respondent bank. The petitioner committed default in repayment of the same. The 1st respondent, through other respondents, initiated revenue recovery proceedings for recovery of the balance amounts due. That is under challenge in this writ petition. The petitioner's contention is that the petitioner is entitled to the benefit of the Agricultural Debt Relief Scheme of the Government. The benefit of the same has not been extended to the petitioner despite an order from the Kerala State Farmers' Debt Relief Commission is his contention. 2. The 1st respondent has filed a statement to the effect that the benefit of the Agricultural Debt Relief scheme was extended to the petitioner, which he did not avail of within the date specified for the said purpose, insofar as only if the petitioner pays 75% of the amounts due before the date fixed, the petitioner can get waiver of the balance 25%. In view of the averments in the statement, the learned counsel for the petitioner submits that the petitioner may be permitted to pay off the balance amounts due in instalments. He also seeks a direction to the bank to consider whether any concessions can be given to the petitioner in respect of the balance amounts due, for which the petitioner has already filed a representation dated 4.7.2011. He seeks w.p.c.1040/11 2 a direction to the 1st respondent to consider and same also. 3. Having heard both sides, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the balance amounts due in four bi-monthly instalments on or before 31.3.2012. The first instalment shall be paid on 15.9.2011. If the petitioner pays the instalment amounts on due dates, further coercive proceedings for recovery of the amounts shall be kept in abeyance. If the petitioner commits default in payment of any of the instalments as directed above, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. However, I direct that no instalment shall be over due beyond two months. The respondents shall consider the representation of the petitioner for adjustments in the amounts due and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. The petitioner submits that the petitioner is not liable to pay collection charges. I am not inclined to consider that question in this writ petition. It would be open to the petitioner agitate the same appropriately. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.1040/11 3