IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 22186 of 2004(N) -------------------------- PETITIONER: ------------ A.O.MANI, ARACKAL HOUSE, BALAL P.O. PARAPPA VIA, KASARAGOD. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS: 1 -------------- 1. STATE OF KERALA,R EP. BY DISTRICT COLLECTOR, KASARAGOD. 2. THE DEPUTY TAHSILDAR (R.R), HOSDURG. 3. THE STATE BANK OF INDIA, REP. BY THE BRANC MANAGER, KANHANGAD BRANCH. R1 AND R2 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RECEIPTS ISSUED BY THE THIRD RESPONDENT SHOWING THE REMITTANCE OF AMOUNTS. EXT.P2 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 16.7.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 22186 OF 2004 -------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT Since loan availed by the petitioner is stated to be agricultural loan petitioner is entitled to incentives granted by the Central as well as State Governments in form of waiver/reduction. W.P. is disposed of directing the second respondent to proceed with recovery after granting incentives in accordance with scheme introduced by the Central Govt. or State Govt. I leave it open to the petitioner to take up the matter with Agrl. Debt Relief Commission, if he so desires. (C.N. RAMACHANDRAN NAIR) Judge kk 2