IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 4027 of 2010(C) ----------------------------------- PETITIONER: ------------------ ASSIYA.K.P., W/O.MOHAMMED ABDUL NAZAR.K.T, KOTTA THEKKATHIPARAMBIL HOUSE, P.O.NEDIYIRUPPU. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ----------------------- 1. DEPUTY TAHSILDAR (RR), ERANAD TALUK, TALUK OFFICE, MANJERI, MALAPPURAM DISTRICT. 2. THE VILLAGE OFFICER, NEDIYIRUPPU VILLAGE, NEDIYIRUPPU P.O., (VIA) KONDOTTY, MALAPPURAM DISTRICT. 3. M/S.VIJAYA BANK, KONDOTTY BRANCH, MALAPPURAM DISTRICT, REPRESENTED BY ITS SENIOR BRANCH MANAGER. BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W. P.(C) No. 4027 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2010 JUDGMENT Petitioner had availed a loan from the 3rd respondent Bank in the year 2005. However, the petitioner could not repay the loan amount because of financial constraints. According to the petitioner, she is an agriculturist and she is in a very bad financial condition caused due to the failure of crops. Being an agriculturist, the petitioner is entitled to the benefit of the Agricultural Debt waiver and Debt Relief Scheme, 2008. Therefore, she submitted an application to the 3rd respondent Bank seeking the benefits of the Scheme. 2. On consideration of her application, the Bank by communication dated 29.07.08 informed the petitioner that her account was eligible for debt relief under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. Pursuant to the said communication which is Ext.P1, the petitioner appeared before the 3rd respondent Bank. Thereupon, she was informed that she would have to pay 70% of the overdue amount to the Bank on or WP(C) No.4027 of 2010 -:2:- before 31.12.09, which comes to Rs.25,386/-. 3. According to the petitioner, she is entitled to waiver of the full amount of her loan under the Agricultural Debt Waiver and Debt Relief Scheme. However, she complains that Exts.P3 and P4 notices have been issued under the Revenue Recovery Act for recovery of the amounts demanded. 4. I have heard learned counsel for the petitioner as well as the learned Government Pleader. 5. As per Clause 10 of the Agricultural Debt Waiver and Debt Relief Scheme, 2008, any action of the Bank denying the benefits of the Scheme to any person is a dispute and that has to be redressed by the Grievance Redressal Officer. Therefore, the remedy of the petitioner is to approach the Grievance Redressal Officer complaining about denial of the benefits of the Scheme to her. Since the petitioner has an effective alternative remedy, the petitioner can be relegated to the said remedy. 6. This Writ Petition is, therefore disposed of directing the petitioner to approach the Grievance Redressal Officer with her complaint within a period of two weeks from today. If such a WP(C) No.4027 of 2010 -:3:- complaint is submitted by the petitioner within above time limit, the same shall be considered and disposed of by the Grievance Redressal Officer, in accordance with law and expeditiously. In the meantime, all further proceedings pursuant to Exts.P3 and P4 shall remain stayed. K. SURENDRA MOHAN, JUDGE ttb