IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 18114 of 2011(L) --------------------------------------- CRMP.2898/2011 of C.J.M.,THRISSUR .................... PETITIONER(S): ------------------------ M.K.ABDUL AZEEZ, S/O.KOCHUMOHAMMED, MULLAKARA HOUSE, ETTUMUNA, KARUVANNUR P.O., THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): ------------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY FINANCE, SOUTH BLOCK, NEW DELHI 100001. 2. UNION BANK OF INDIA, REPRESENTED BY MANAGING DIRECTOR, HEAD OFFICE, MUMBAI-400 021. 3. REGIONAL MANAGER, UNION BANK OF INDIA, REGIONAL OFFICE, VIKAS NAGAR, KOZHIKODE-673006. 4. THE MANAGER, CHERPU BRANCH, UNION BANK OF INDIA, PIN-680561. 5. THE GENERAL MANAGER, UNION BANK OF INDIA 139, BROADWAY, CHENNAI-600 001. 6. THE DEPUTY TAHSILDAR (RR), THRISSUR-680020. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA SRI.A.S.P.KURUP, SC, UBI R6 BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C)NO.18114/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DT. 22.6.2011 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE C.J.M., THRISSUR I CRL.MP. 2898/2011. P2:- COPY OF THE NOTICE NO.TALUK (R4) FILED NO.2011/2749/600 DTD. 28.5.2011 ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT UNDER SECTION 7 OF THE REVENUE REOVERY ACT. P3:- COPY OF THE NOTICE NO.TALUK (RR4) FLED NO.2011/2749/8/600DT.D 285.2011 ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. P4:- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT BRANCH UPON RECEIVING THE AMOUNT DT. 24.6.2011. P5:- COPY O THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008 AS AVAILABLE ON THE WEBSITE OF THE FINANCE MINISTRY UNDER THE IST RESPONDENT. P6:- COPY OF THE REPRESENTATION DTD. 29.4.2009 MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P7:- COPY OF THE REPRESENTATION DTD. 274.2009 MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P8:- COPY OF THE REPRESENTATION DTD. 18.4.2009 MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P9:- COPY OF THE REPRESENTATION DTD. 7.5.2009 MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT P10- COPY OF THE REPRESENTATION DTD 28.9.2010 MADE BY THE PETITIONER BEFORE THE MANAGING DIRECTOR OF THE IST RESPONDENT. P11:- COPY OF THE REPRESENTATION DTD. 24.5.2011 MADE BY THE PETITIONER BEFORE THE MANAGING DIRECTOR OF THE IST RESPONDENT. P1:- COPY OF THE REPRESENTATION DT.D 21.5.2011 MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P13:- COPY OF THE COMMUNICATION DTD. 20.5.2009 ISSUED BY THE OFFICE OF THE 5TH RESPONDENT. P14:- COPY O THE REPRESENTATION DTD. 21.5.2011 MADE BY THE PETITIONER BEFORE THE IST RESPONDENT. tss W.P.(C) NO.18114/2011 RESPODENT EXHIBITS R4(A):- COPY OF THE LETTER DT. 30.1.2009 GIVEN BY 4TH RESPONDENT TO THE PETITIONER. R4(B):- COPY OF THE LETTER DTD. 27.4.2009 GIVEN BY PETITIONER TO THE BANK. R4(C):- COPY OF THE LETTER DT. 8.5.2009 GIVEN BY BANK TO THE PETITIONER. R4(D):- COPY OF THE LETTER DT. 4.7.2009 GIVEN BY BANK TO THE PETITIONER. R4(E):- COPY OF THE LETTER DT. 23.3.2010 GIVEN BY BANK TO THE PETITIONER. R4(F):- COPY OF THE LETTER DTD. 6.10.2010 GIVEN BY THE BANK TO THE PETITIONER. TRUE COPY P.A.TO JUDGE tss S.SIRI JAGAN, J. ================== W.P.(C).No. 18114 of 2011 ================== Dated this the 22nd day of July, 2011 J U D G M E N T The petitioner is aggrieved by alleged refusal on the part of respondents 1 to 5 in the matter of considering the petitioner's application for debt relief in accordance with Ext.P5 scheme of the Government of India. The petitioner now seeks a direction to respondents 1 to 5 to consider the claim of the petitioner for debt relief in accordance with Ext.P5 scheme. The learned standing counsel for the bank submits that the period of the scheme expired on 30.6.2010 and although the petitioner could have taken up his grievances regarding the application of the scheme to his loan before the Grievance Redressal Officer under clause 10.3 of the scheme, he has not done so. Now that the scheme is no longer in existence, there is no Grievance Redressal Officer and, therefore, the objections regarding the application of the scheme to the petitioner's loan cannot now be considered, is his contention. 2. I have considered the rival contentions in detail. 3. I find that when the petitioner put in his request for the benefit of Ext.P5 scheme, the scheme was still in force. That being so, the petitioner should be given an opportunity to raise his grievances in respect of the application of the scheme before the same officer who was designated as the Grievance Redressal Officer under w.p.c.18114/11 2 the scheme, although that post is no longer in existence by virtue of the fact that the scheme is not in operation any more. The dispute raised by the petitioner shall be considered by that Officer and orders passed, as expeditiously as possible, at any rate, within one month from today. In the meanwhile, if the petitioner deposits a sum of ` 5 lakhs by a demand draft within one week in the concerned branch, the same shall be accepted and kept in a suspense account to be dealt in accordance with the decision of the Grievance Redressal Officer, who is considering the petitioner's claim under the scheme. To enable the Grievance Redressal Officer to consider the petitioner's claim, the petitioner shall file a representation within two weeks from today. Orders shall be passed by the Grievance Redressal Officer on that representation after affording an opportunity of being heard to the petitioner. Till orders are passed, further coercive proceedings for recovery shall be kept in abeyance subject to the condition that the petitioner deposits ` 5 lakhs as directed above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge