IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 19504 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. K.RAVI,S/O.LATE KUTTIKRISHNAN, PALLATHANPULLY HOUSE,TATHAMANGALAM. 2. R.WILSON,S/O.A.V.RAJAN,THEKKU HOUSE, ARAMPADAM,TATHAMANGALAM. 3. DAYANANDAN,S/O.RAMANKUTTY,PERUMPALLAM KALAM,TATHAMANGALAM. 4. R.SURESHKUMAR,S/O.RAMAN,MUTHUCHETTY COLUMBE,TATHAMANGALAM. 5. SMT.LAKSHMY V.MUTHUCHETTY COLUMBE, TATHAMANGALAM. 6. UNNIKUMARAN,S/O.LATE KRISHNAN, PERUMPALLAM,TATHAMANGALAM. 7. DEVAKI,W/O.LATE KUTTIKRISHNAN, PALLATHAMPULLY,TATHAMANGALAM. 8. GOPALAN,S/O.MUTHU,PINNAKKUKOLAMBU, TATHAMANGALAM. 9. RAJAN,S/O.ARUCHAMY,ARAMPADAM, TATHAMANGALAM. 10. SACHIDANANDAN,PERUMPALLAM KOLLAM, THATHAMANGALAM. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): --------------- 1. UNION OF INDIA,REPRESENTED BY THE SECRETARY,FINANCE DEPARTMENT,CENTRAL SECRETARIAT, NEW DELHI. /2/ 2. STATE OF KERALA,REPRESENTED BY THE SECRETARY,CO-OPERATIVE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 3. NABARD,PONNIAM ROAD,P.B.NO.5613,STATUE, THIRUVANANTHAPURAM-695039,REPRESENTED B Y ITS GENERAL MANAGER. 4. THE TATHAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO.P 502,P.O.THATHAMANGALAM-678102, REPRESENTED BY ITS SECRETARY. 5. THE GRIEVANCE REDRESSAL OFFICER, TATHAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO.P 502,P.O.TATHAMANGALAM-678102. 6. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LIMITED,PALAKKAD,REPRESENTED BY ITS GENERAL MANAGER. ADV. SRI.P.P.PADMALAYAN, C.G.C FOR R1 SRI.GEORGE POONTHOTTAM FOR R4 & R5 SRI.M.P.ASHOK KUMAR FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.19504 OF 2009 ------------------------ Dated this the 27th day of August, 2009. JUDGMENT Petitioners are members of the 4th respondent, a Co- operative Bank. They applied for loans as per Exts.P1 to P10. Default was committed and in the mean while Government of India announced the Agricultural Debt Waiver and Debt Relief Scheme, 2008, a copy of which is Ext.P11. According to the petitioners they are eligible for the benefit of the said scheme and there upon they made Ext.P14 series of applications. These applications were considered and by Ext.P15 series of orders, Ext.P14 series of applications have been rejected mainly stating that the loan availed of by the petitioners do not come within the purview of the scheme referred to above. It is thereupon that this writ petition is filed. WP(c).No.19504/09 2 2. A reading of the orders of rejection would show that apart from saying that the loans are not covered by the scheme, there is no reason whatsoever stated in the impugned orders to justify such conclusion. Therefore, for that reason itself I am inclined to set aside Ext.P15 series of orders. Accordingly, I dispose of this writ petition directing the 5th respondent to consider Ext.P14 series of applications made by the petitioners in the light of the purpose for which the loans were availed of by the petitioners and the provisions of Ext.P11 scheme and pass orders thereon. This shall be done as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. In the meanwhile, recovery proceedings if any shall be deferred. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.19504/09 3