IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 16399 of 2011(Y) --------------------------------------- PETITIONER(S): ------------------------ BABURAJ.E.K., ILLASERRIL, ADUKKAM P.O., KOTTAYAM DISTRICT. BY ADV. SMT.SREEDEVI KYLASANATH SMT.SHALEENA RAJAN RESPONDENT(S): -------------------------- 1. THE SECRETARY TO GOVERNMENT SC/ST DEVELOPMENT (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE FEDERAL BANK LTD., REPRESENTED BY ITS MANAGING DIRECTOR ALWAYE, KERALA-663 101. 3. THE BRANCH MANAGER, FEDERAL BANK LTD., THEEKOY BRANCH-685 689. R1 BY GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.16399/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GOVERNMENT ORDER IMPLEMENTING SCHEME FOR WRITING OFF OF THE LOAN AVAILED BY SC/ST AND CONVERTED CHRISTIANS. P2 COPY OF THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME 2008. P3 COPY OF THE G.O.(MS) NO.78/09/F&PD TVM, DATED 15/12/2009. P3(A) COPY OF THE G.O.(MS) 9/10/F&PD DATED 24/2/2010. P4 COPY OF THE DEMAND NOTICE OF 3RD RESPONDENT. P4(A) COPY OF THE LOAN DETAILS OF THE PETITIONER ISSUED BY 3RD RESPONDENT. P5 COPY OF THE DIVISION BENCH JUDGMENT DATED 26TH JULY, 2010 IN WP(C) NO.22760/2010. P6 COPY OF THE REPRESENTATION DATED 9/6/2011 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT. P7 COPY OF THE JUDGMENT DATED 10/2/2011 IN WP(C) NO.4363/11 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No. 16399 OF 2011 -------------------------------- Dated this the 29th day of June 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) To issue a writ of certiorari calling for records relating to Ext.P1 and quash the same to that extent it limits the benefit of scheme to loans which repayment time has expired on 31-03- 2006. ii) To issue a writ of mandamus or any other writ or order directing 1st respondent to give the benefit of Ext.P1 Government Order to petitioner, by Government paying the waived amount to the Federal Bank Ltd. iii) To declare that petitioner is entitled for writing off loan availed from 3rd respondent in Ext.P4 and P4(a) as per the condition in Ext.P1 excluding the repayment expiry time limit fixed as 31-03-2006. iv) To issue a writ of mandamus or any other writ or order directing 1st respondent to consider Ext.P6 representation after hearing petitioner within a stipulated time period. v) To pass any other writ or order as is deemed fit and proper by this Hon'ble Court in the interest of justice. W.P.(C) No. 16399/2011 - 2 - 2. Heard the learned Counsel for the petitioner as well as the learned Counsel for the second and third respondents and also the learned Government Pleader for the 1st respondent. 3. During the course of hearing, the learned Counsel for the petitioner submits that the grievance projected with regard to the alleged discrimination between the members of the Scheduled Caste and Scheduled Tribe Communities and the Fishermen community which was a subject matter of consideration before this Court in W.P.(C) No.22760 of 2010 (disposed of by Ext. P6 judgment), has already been brought up for consideration before the first respondent by filing Ext. P6 representation and that the petitioner will be satisfied, if necessary direction is given to the first respondent to consider and pass appropriate orders on Ext. P6 representation. 4. In the above circumstance, this Court does not propose to go into the merits of the case. The first respondent is directed to consider and pass appropriate orders on Ext. P6, in accordance with law, after giving an opportunity of hearing to the petitioner as well as respondent Bank, as expeditiously as possible, at any W.P.(C) No. 16399/2011 - 3 - rate, within a period of 'two months' from the date of receipt of a copy of the judgment. 5. The petitioner shall produce a copy of the judgment along with a copy of the Writ Petition before the first respondent for compliance of the direction. The Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE