IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 13363 of 2006(N) ----------------------------------------- PETITIONER: -------------------- K.M.USALIKUTTY, S/O. KUNHA GUPTAN, KUZHIYAKKAL HOUSE, PALODE POST - 678 583, VIA MANNARKKAD COLLEGE, PALAKKAD DISTRICT. BY ADV. SRI.C.K.RAMAKRISHNAN RESPONDENTS: ------------------------- 1. MANAGER, STATE BANK OF TRAVANCORE, MANNARKKAD, PALAKKAD DISTRICT. 2. DISTRICT COLLECTOR, PALAKKAD. 3. TAHSILDAR, MANNARKKAD. BY ADV. SRI.SATHISH NINAN - R1 SRI.SANTHOSH MATHEW, SC, SBT - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13363/2006 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LAWYER NOTICE DTD. 8/06/2001. EXT.P2: COPY OF THE DEMAND NOTICE DTD. 13/08/2003. EXT.P2(A): COPY OF THE DEMAND NOTICE NO.B4-17753/03. EXT.P3: COPY OF THE COMPLAINT DTD. 20/08/2003. EXT.P3(A): COPY OF THE ACKNOWLEDGEMENT DTD.26/08/2003. EXT.P4: COPY OF THE LETTER NO.BPBC 80/21.4.117/2001-02. EXT.P5: COPY OF THE REPLY LETTER DTD. 22/09/2003. EXT.P6: COPY OF THE LETTER DTD. 28/02/2006. EXT.P7: COPY OF THE LETTER DTD. 18/03/2006. EXT.P8: COPY OF ORDER DTD. 21/01/06 NO.G2-3274/03/SBT. I.A.NO.7342/2008 EXT.P8: COPY OF THE (RELEVANT PAGES) SPEECH OF THE UNION FINANCE MINISTER. EXT.P9: COPY OF (RELEVANT PAGES) ORDINANCE NO.10/2006. EXT.P10: COPY OF (RELEVANT PAGES) ORDINANCE ACT 31/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 13363 OF 2006 N = = = = = = = = = = = = = = = = = Dated this the 17th day of July 2008 J U D G M E N T Heard both sides. 2. In this writ petition the challenge is against Ext. P8 proceedings initiated against the petitioner by the respondent bank for realising its dues. Now petitioner contends that he is entitled to the benefit of the loan waiver scheme announced by the Government of India and implemented by the banks in the country. If as stated by the petitioner he is to claim the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008, it is for the petitioner to make an appropriate application for that purpose. 3. Accordingly, I dispose of this writ petition wthout expressing anything on the merits of his claim and directing that it will be open to the petitioner to make appropriate application before the 1st respondent. This shall be done by the petitioner within 2 weeks from today in which case, the 1st respondent shall consider the request and pass appropriate orders thereon. It is directed that W.P.(C) No. 13363 OF 2008 -2- if an application is made as above, until orders are passed thereon further proceedings pursuant to Ext. P8 will be kept in abeyance. ANTONY DOMINIC JUDGE jan/-