IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 155 of 2010(T) ------------------------ PETITIONER(S): --------------- PALANISAMY GOUNDER, S/O.NANJAPPA GOUNDAR 65 YEARS OF AGE, UMMATHUPADY, T.PUDOOR, KOTTATHARA, ATTAPADY, MANNARKKAD, PALAKKAD. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. THE DISTRICT MANAGER, CANARA BANK, PALAKKAD. 2. THE MANAGER, CANARA BANK, AGALI. ADV. SRI.P.GOPINATH MENON, SC, FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.155/2010-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2010 J U D G M E N T The petitioner is a farmer who had availed two loans from the second respondent-Bank for agricultural purpose, namely, for cultivating sugarcane and also for agricultural minor irrigation. The principal amounts sanctioned are respectively Rs.50,000/- and Rs.1,50,000/-. The petitioner could not remit the instalments and thus the Bank filed O.S.No.80/03 before the Sub Court, Ottappalam which has been decreed. As per the decree, he is liable to repay Rs.2,16,118/- with future interest at the rate of 6% per annum from 18/03/2003 till the date of realisation. The petitioner is seeking for the benefit of Agricultural Debt Waiver and Debt Relief Scheme, 2008. A copy of the scheme and a copy of the circular issued for implementing the same are produced herein as Exts.P1 and P2 respectively. The petitioner was also issued notice by the Bank as per Ext.P3 to remit a portion of the amount before 30/09/2008 for getting the benefit of the scheme. The petitioner could not comply with the said demand at that point of time. Thereafter, he had been moving the Bank for getting the benefits and, he had also expressed his willingness to settle the liability under the One Time Settlement Scheme. W.P.(C). No.155/2010 -:2:- 2. The learned Standing Counsel for the Bank submitted that the petitioner is a person who is having ownership of more than five acres of agricultural land and, therefore, he will be coming only in the category of 'other farmers', who are entitled only for the benefit of remission. In Ext.P1 against the heading Debt Relief in paragraph 6.1 in the case of 'other farmers' it is stated thus:- “6.1 In the case of 'other farmers', there will be a one time settlement (OTS) Scheme under which the farmer will be given a rebate of 25 per cent of the 'eligible amount' subject to the condition that the farmer pays the balance of 75 percent of the 'eligible amount'. Provided that in the case of revenue districts listed in Annex-I, 'other farmers' will be given OTS rebate of 25 per cent of the 'eligible amount' or Rs.20,000, whichever is higher, subject to the condition that the farmer pays the balance of the 'eligible amount'.” 3. Therefore, there will be a direction to the Bank to grant eligible benefits under the Scheme to the W.P.(C). No.155/2010 -:3:- petitioner and appropriate communication will be issued to the petitioner within a period of one month. The Bank will have to show the amount which he has to remit for considering him under the benefit of the Scheme. O.T.S facility will be extended to him depending upon the communication thus issued. The petitioner will also comply with the direction to remit the balance amount. After the grant of such benefits, appropriate statement will be filed before the Execution Court in the Execution Petition that is pending. The writ petition is, accordingly, disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms