IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34654 of 2011(F) -------------------------- PETITIONER(S): -------------------- 1. REJIMOL SEBASTIAN W/O PAUL, KUNNATHEL HOUSE P A TO JUDGE.O. MUTHUKAD KOZHIKODE DISTRICT 2. KERALA STATE FARMERS RELIEF FORUM REGISTRATION NO.137/3 REPRESENTED BY ITS STATE GENERAL SECRETARY BABY ZACHARIAS KOODARANHI PO., KOZHIKODE BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): ----------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCE (AC SECTION) NEW DELHI - 110 001 2. UNION OF INDIA REPRESENTED BY THE SECRETARY DEPARTMENT OF AGRICULTURE AND CO-OPERATION CREDIT DIVISION, NEW DELHI-110 001 3. RESERVE BANK OF INDIA REPRESENTED BY DEPUTY GOVERNOR RURAL PLANNING AND CREDIT DEPARTMENT CENTRAL OFFICE BUILDING, MUMBAI-400 001 4. CHAIRMAN NATIONAL BANK FOR AGRICULTURAL AND RURAL DEVELOPMENT (NABARD) CORPORATE PLANNING DEPARTMENT DBANDRA-KURLA COMPLEX BANDRA, MUMBAI - 400 051 5 KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD (A GOVERNMENT OF KERALA UNDERTAKING) KIZHIKKE NADAKKAV, KOZHIKODE DISTRICT, PIN - 673 001 R1 TO R4 BY ASST. SOLICITOR GENERAL OF INDIA SRI.P.PARAMESWARAN NAIR R5 BY ADV. SRI.C.E.UNNIKRISHNAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK WP(C).No. 34654 of 2011 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF CIRCULAR NO.RPCD NO.PLFS.BC.72/05.04.02/2007-08 DATED 23-05-08 ISSUED BY THE 3RD RESPONDENT P2: COPY OF CIRCULAR NO.PLFS.BC.73/05.04.02/2007-08 DATED 30.05.08 ISSUED BY THE 3RD RESPONDENT P3: COPY OF THE REPRESENTATION DATED 25-06-2010 SENT BY THE 2ND PEITIONER ON BEHALF OF THE 1ST PETITIONER P4: COPIES OF THE POSTAL RECEIPTS DATED 30-06-2010 FOR SENDING REPRESENTATION TO RESPONDENTS 1 TO 4 P5: COPY OF JUDGEMENT DATED 28-02-2011 IN WRIT PETITION NO.2549/2011 PASSED BY THE HON'BLE COURT RESPONDENTS EXHIBITS: NIL //TRUE COPY// P A TO JUDGE STK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 34654 of 2011 F ``````````````````````````````````````````````````````````` Dated this the 22nd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ In this writ petition, petitioners claim to be marginal farmers as defined in Ext.P1, Agricultural Debt Waiver and Debt Relief Scheme, 2008. Claiming the benefit of the Scheme, they made Ext.P3 representation to the first respondent and in this writ petition, what is sought for is a direction for its consideration. 2. The scope of Ext.P1 scheme has been explained in clause 2.1 thereof, which reads as under:- “2.1 The Scheme will cover direct agricultural loans extended to 'marginal and small farmers' and 'other farmers' by Scheduled Commercial Banks, Regional Rural Banks, co-operative Credit Institutions (including Urban Co-operative Banks) and Local Area Banks (hereinafter W.P.(C) No.34654/2011 : 2 : referred to compendiously as “lending institutions”) as indicated in the Guidelines.” 3. Reading of the aforesaid clause shows that the Scheme applied only to the institutions mentioned therein. Petitioners have availed of the loan from the fifth respondent, which is a Government of Kerala undertaking and not an institution as contemplated in clause 2.1 of Ext.P1. Therefore, the Scheme is inapplicable to the petitioners. Once the Scheme is inapplicable to the petitioners, this Court will not be justified in directing consideration of Ext.P3 representation made by them for the benefit of the Scheme. For that reason, writ petition is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/22/12 // True Copy // P.A. To Judge