IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 9022 of 2009(W) ------------------------- PETITIONER(S): --------------- N.G.MANILAL,NIRAVATH HOUSE, PANAMATTOM P.O.,KOORALI (VIA) PONKUNNAM, KOTTAYAM-686 522. BY ADV. SRI.RAJEEV V.KURUP RESPONDENT(S): --------------- 1. THE DISTRICT CO-OPERATIVE BANK LTD, KOTTAYAM,REP.BY ITS GENERAL MANAGER. 2. THE NODAL OFFICER,DISTRICT CO-OPERATIVE BANK,(NABAD),KOTTAYAM. 3. THE ELANGULAM SERVICE CO-OPERATIVE BANK LTD.NO.3576,KOORALI,KOTTAYAM-686 522. 4. THE NODAL OFFICER, ELANGULAM SERVICE CO-OPERATIVE BANK, KOORALI,KOTTAYAM-686 522. ADV. SRI.T.A.SHAJI FOR R1 SRI.TOM JOSE FOR R3-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9022/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PASS BOOK OF THE PETITIONER HAVING NUMBER 06/04-05. P2 : COPY OF CIRCULAR DATED 23/05/2008. P3 : COPY OF LETTER DATED 30/07/08 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. P4 : COPY OF LETTER DATED 19/08/08 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P5 : COPY OF THE COMPLAINT DATED 24/09/2008 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.9022 of 2009 --------------------------------- Dated, this the 5th day of August, 2009 J U D G M E N T Although notice has been served, there is no appearance on behalf of the 3rd respondent. 2. The petitioner submits that he had availed of a loan under the Kisan Credit Loan Programme. It is stated that the loan was availed of on 04/09/2004, and the amount sanctioned was Rs.75,000/-, repayable with 10.5% interest. The period of the loan, according to the petitioner, has expired on 04/09/2007. It is stated that it was while so, that the Government of India introduced the Debt Relief Scheme 2008, which was implemented by Ext.P2 circular. The petitioner states that as the period of the loan expired on 04/09/2007, and the liability was not discharged, the loan amount was remaining outstanding as on 31/12/2007, and he is eligible for the benefit of waiver as contemplated under the Scheme. However, his claim has been rejected by the Bank as per Exts.P3 & P4. In Ext.P3 what is stated is that as on 31/12/2007, principal WP(C) No.9022/2009 -2- amount was not in arrears. This is disputed by the petitioner. A reading of Exts.P3 & P4 show that the Bank has not dealt with the claim of the petitioner in the light of the contentions raised before me. Therefore, the rejection of the petitioner's claim evidenced by Ext.P3 is set aside, with a direction to the 3rd respondent to reconsider the matter in the light of the directions in the Scheme. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg