IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 5696 of 2008(C) ------------------------- PETITIONER: ------------ CHANDRAN. B, KAILASAM8/126, KAIPPANCHERRY ROAD, CHUNGAM,S.BATHERY, WAYNAD. BY ADV. SRI.SHAJI JOSEPH RESPONDENTS: ------------- 1. STATE BANK OF TRAVANCORE MANANTHAVADY BRANCH,MANANTHAVADY WAYANAD, REPRESENTED BY ITS BRANCH MANAGER. 2. THE RECOVERY OFOFICER DEBT RECOVERY TRIBUNAL 8TH FLOOR, KSHB BUILDINGS, PANAMPILLY NAGAR, KOCHI-36. BY ADV. SRI.M.PATHROSE MATTHAI (SR.) SRI.SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------------- W.P.(C).No.5696 of 2008 ------------------------------------------- Dated this the 25th day of February, 2008 JUDGMENT The petitioner is a defaulter to the respondent bank. It is stated that by Ext.P1 order of this Court, the bank was directed to consider giving OTS benefits to the petitioner with all incentives. The present complaint of the petitioner is that while issuing Ext.P2 in pursuance to Ext.P1 order, the bank has not given the benefits of Ext.P3 scheme. 2. Ext.P3 shows that it is a package of relief for the debt stressed farmers of Kerala. In so far as the petitioner is concerned it is not in dispute that the petitioner has sold the entire property that was available with him, including the whole of the property that was mortgaged to the bank. If that be so, petitioner does not get the status of a farmer to be entitled to the benefit of Ext.P3 scheme. Therefore, I cannot disagree with the decision of the bank not to give the benefit of Ext.P3, as per Ext.P2 communication. WPC5696/2008 2 3. However, having regard to the fact that this writ petition has been pending in this Court, I direct that if the petitioner remits the balance amount as per Ext.P2 within two weeks from today, that will be accepted in settlement of his liabilities. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE csl