IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19543 of 2011(P) -------------------------------------- PETITIONERS: --------------------- 1. UNNIKRISHNAN NAIR, S/O.KARUNAKARAN NAIR, GEETHA BHAVAN, KULASEKHARAMANGALAM-686 608. 2. SAROJINI AMMA, W/O.LATE KARUNAKARAN NAIR, GEETHA BHAVAN, KULASEKHARAMANGALAM-686 608. BY ADVS. SRI.V.L.SHENOY, SRI.L.JAYAWANTH. RESPONDENTS: ------------------------ 1. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), VAIKOM-686 141. 2. THE VILLAGE OFFICER, KULASEKHARAMANGALAM VILLAGE, DIRECTOR, VAIKOM TALUK, VAIKOM-686 141. 3. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, KULASEKHARAMANGALAM BRANCH, KULASEKHARAMANGALAM -686 608. 4. DEPUTY GENERAL MANAGER, STATE BANK OF TRAVANCORE, ZONAL OFFICE, POLACHIRACKAL CHAMBERS, KOTTAYAM-686 002. R1 & R2 BY SR. GOVT. PLEADER SRI. C.K. GOVINDAN, R3 & R4 BY SRI. SATHISH NINAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19543/2011-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. DGM/KTM/AGRI/1168 DTD. 16/12/2009. EXT.P.2: COPY OF THE DEMAND NOTICE NO. G6.3329/11 DTD. 31/05/2011 ISSUED BY THE R.1. EXT.P.3: COPY OF THE NOTICE NO.G6.3329/11 DTD. 30/05/2011 ISSUED BY R.1. EXT.P.4: COPY OF THE REPRESENTATION DTD. 25/06/2011 ISSUED BY THE PETITIONERS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.19543 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011 J U D G M E N T The petitioners are defaulters in repayment of loan amounts due to the 3rd & 4th respondents. They have initiated revenue recovery proceedings by issuing Exts.P2 & P3. The petitioners challenge the same. The petitioners' contention is that, the petitioners are entitled to the benefit of Agricultural Debt Waiver and Debt Relief Scheme, 2008 which has not been extended to the petitioners. The learned counsel for the Bank points out that as is clear from Ext.P1 itself the petitioners were given the benefit available as per the Scheme by giving them the waiver of the outstanding loan amounts as on 31.12.2007, which is the benefit as per the Scheme. When this was pointed out to the learned counsel for the petitioners, the counsel confines relief for a direction to the respondents to permit the petitioners to pay off the balance amount in instalments. W.P.(C)No.19543 of 2011 -2- Having heard both sides, I dispose of this writ petition with the following directions: The petitioners shall pay off the balance amount in equal monthly instalments so that the entire amounts can be paid off by 31.05.2012. The petitioners shall start the payment from 01.08.2011. If the petitioners pay the instalments on due dates without default further proceedings pursuant to Exts.P2 & P3 shall be kept in abeyance. However, if the petitioners commit default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as per Exts.P2 & P3 without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/