IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 W.A.No.493 of 1998(E) --------------------------------------- AGAINST THE JUDGEMENT IN O.P.No.14103/1993-D, DATED 03/12/1997 .................... APPELLANT/RESPONDENT NO.2:- ----------------------------------------------- STATE BANK OF INDIA, KANJIRAPUZHA BRANCH, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.P.V.SURENDRANATH RESPONDENTS/PETITIONER & RESPONDENTS 1 & 3:- --------------------------------------------------------------------------- * 1. ROSAMMA THOMAS, PANTHAPALAKKAL HOUSE, MUTHUKURISSI P.O., KANJIRAPUZHA, PALAGHAT DISTRICT (DIED - LEGAL HEIRS IMPLEADED). 2. THE DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD. 3. THE NATIONAL AND AGRICULTURAL DEVELOPMENT BANK, NEW DELHI. ADDITIONAL RESPONDENTS 4 TO 6 IMPLEADED: ---------------------------------------------------------------------- ADDL. 4. SRI.ABRAHAM, PANTHAPLACKAL HOUSE, MUTHUKURISSI POST, PALAKKAD DISTRICT. ADDL. 5. SRI.LUKOCHAN, PANTHAPLACKAL HOUSE, VAZHAKULAM, CANNNANOR DISTRICT. W.A.No.493/1998 -2- ADDL 6. SRI.JAMES, PANTHAPLACKAL HOUSE, IRUMBAKACHOLA POST, KANJIRAPUZHA, PALAKKAD DISTRICT. (ADDITIONAL RESPONDENT Nos.4 TO 6 WERE IMPLEADED AS PER ORDER DATED 24.11.2008 ON CMP No.7602/2002) R2 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA R4 TO R6 BY ADV. SRI.R.RAJASEKHARAN PILLAI SRI.R.SREEDHARAN NAIR. SRI.GEORGE T. THACHETT. SMT.SABINA JAYAN . THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. -------------------------------------------- W.A.No.493 of 1998-E -------------------------------------------- Dated, this the 1st December, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the orders passed by the learned Single Judge in O.P.No.14103 of 1993, dated 3rd December, 1997. By the impugned order, the learned Single Judge has allowed the Original Petition filed by the 1st respondent, who is now no more and whose legal heirs are respondents 4 to 6 in this appeal. (2) Questioning the correctness or otherwise of the aforesaid order passed by the learned Single Judge, the Bank is before us in this appeal. (3) Considering, firstly, that the Agricultural and Rural Debt Relief Scheme 1990 has come into existence in view of the policy of the Central Government and, secondly, that the amount involved in this case is a paltry sum, we do not think it proper, at this stage, to interfere with the orders passed by the learned Single Judge in this appeal. (4) In the above view of the matter, keeping it open the legal issues involved in this case to be agitated in an appropriate proceedings, the Writ Appeal is rejected. (5) C.M.P.No.1309 of 1998 is also rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge