IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 18482 of 2011(I) -------------------------- PETITIONER(S): --------------- V.P.MUHAMMED YASSIR,S/O.V.P.C.YOOSUF MASTER(CHERIYA YOOSUF),AGED 34 YEARS,VALIYA PEEDIKAKKAL HOUSE,ARAKKUPARAMBA.P.O,PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENT(S): --------------- 1. BANKING OMBUDSMAN,(KERALA & LAKSHADWEEP) RESERVE BANK OF INDIA,THIRUVANANTHAPURAM-695033. 2. THE DEPUTY GENERAL MANAGER,RPCD,RESERVE BANK OF INDIA,BAKERY JUNCTION,THIRUVANANTHAPURAM, PIN-695033. 3. THE DEPUTY GENERAL MANAGER AND GRIEVANCE REDRESSAL OFFICER,FEDERAL BANK LTD,REGIONAL OFFICE FEDERAL TOWERS,MISSION QUARTERS,THRISSUR-680001. 4. CHIEF MANAGER,FEDERAL BANK LTD, ALANALLUR BRANCH,MANNARKKAD TALUK, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18482 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE JUDGMENT OF MUNSIFF MAGISTRATE COURT, PERINTHALMANNA DATED 18.8.2007 IN O.S.14/2005 EXT.P2- TRUE COPY OF THE DECREE DATED 18.8.2007 IN O.S.14/2005 ON THE FILE OF MUNSIFF MAGISTRATE COURT, PERINTHALMANNA EXT.P3- TRUE COPY OF AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008 IN THE MALAYALAM VERSION NABARD CIRCULAR NO.NB (KERALA ) NO.NO.CPD/1566/pl-14/2008-09 DATED 23.5.2008 EXT.P4- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 17.7.08 EXT.P5- TRUE COPY OF THE REPLY GIVEN BY THE THIRD RESPONDENT DATED 31.7.08 TO THE PETITIONER EXT.P6- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 1.9.08 EXT.P7- TRUE COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OFO THE 1ST RESPONDENT DATED 8.9.08 EXT.P8- TRUE COPY OF E.P.143/11 IN O.S.14/05 DATED 3.3.11 MUNSIFF MAGISTRATE COURT, PERINTHALMANNA (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).18482/2011 .............................................. Dated this the 8th day of July, 2011 JUDGMENT Petitioner availed a loan from the fourth respondent/Bank for purchase of a power tiller. Default was committed and the fourth respondent instituted O.S.No.14/2005 before the Munsiff Court, Perinthalmanna. The Suit was decreed. While so, the Government of India introduced Ext.P3 Agricultural Debt Waiver and Debt Relief Scheme, 2008. Petitioner applied for the benefit of the said Scheme and that was rejected by the third respondent as per Ext.P5 reply. 2. On receipt of Ext.P5, petitioner made an application to the first respondent, requesting for their intervention. It is seen from Ext.P7 dated 8.9.2008, that the first respondent forwarded the petitioner's application to the second respondent. Even in spite of the lapse of more than two years, the second respondent has not so far taken any decision or communicated any decision on the petitioner's application. 3. In the meanwhile, the Bank has filed Ext.P8, Execution Petition No.143/2011 before the Munsiff's Court. It is in these W.P.(C).18482/11 2 circumstances, the writ petition has been filed by the petitioner, seeking an order requiring the second respondent to consider and pass orders on his representation which is forwarded to him by Ext.P7. 4. Since the application filed by the petitioner, which is forwarded to the second respondent is pending before him, I direct the second respondent to consider and pass orders on the application made by the petitioner with notice to him and as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment along with the copy of this writ petition. 5. It is made clear that this Court has not expressed anything on the merits of the contentions raised by both the parties and it is for the second respondent to deal with the issue in accordance with law. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs