IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 4427 of 2011(C) ------------------------- PETITIONER(S): --------------- A.K.GANGADHARAN, ANDEZATH HOUSE, THALIKKULAM .P.O., THRISSUR DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): --------------- PUNJAB NATIONAL BANK, REPRESENTED BY ITS MANAGER, THALIKKULAM BRANCH, THRISSUR-680569. ADV. SRI.C.AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4427 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE 'PNB KRISHI CARD PASS BOOK' DATED 27.3.2007. EXT.P2- TRUE COPY OF THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008 OF THE CENTRAL GOVERNMENT EXT.P3- TRUE COPY OF THE PAPER PUBLICATION PUBLISHED IN MATHRUBHOOMI DHANAKARYAM DATED 23.6.08 EXT.P4- TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 10.1.11 (TRUE COPY) P.A TO JUDGE P.R.RAMACHANDRA MENON, J. ------------------------------------- W.P.(C)No.4427 Of 2011 ----------------------------------------------------- Dated this the 30th day of March, 2011 JUDGMENT Petitioner availed an agricultural loan of Rs.20,000/- from the respondent Bank in the year 2007. But the repayment could not be effected as scheduled which made the Bank to initiate recovery proceedings, which is under challenge in this writ petition. 2. Learned counsel for the petitioner submits that the petitioner is entitled for the benefit of Ext.P2 Agricultural Debt Waiver and Debt Relief Scheme, 2008 and despite the petitioner's approaching the Bank for extending the said benefit, the same has been wrongly denied to him, which is the subject matter of the present writ petition. 3. Learned counsel for the Bank submits with reference to the counter affidavit, that the benefit of Ext.P2 Scheme cannot be extended to the petitioner. Ext.P2 is applicable only to loans which were disbursed upto 31.3.2007 and 'overdue' as on 31.12.2007. In the instant case, since the petitioner does not come within the category as specified therein; the petitioner is not entitled to get the benefit. W.P.(C)No. 4427/11 -2- 4. In the above circumstances, this Court finds it difficult to accept the contention of the petitioner to direct the Bank to extend the benefit of Ext.P2 Scheme to the petitioner and therefore, interference is declined. 5. However, taking note of the fact that the petitioner belongs to the poor strata of the society, petitioner is permitted to clear the outstanding liability by way of 'five' equal monthly instalments the first of which shall be made on or before the 15th of April, 2011 and the remaining instalments shall be cleared on or before the 15th of the succeeding months. In the meantime, the recovery proceedings initiated against the petitioner shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in clearing the liability as above, Bank will be at liberty to realise the entire amount in lump. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs