IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 6599 of 2011(Y) ------------------------------------- PETITIONERS: --------------------- 1. SYAMALA V.D.,VALIYADKALLUMKAL HOUSE, PATHIPALLY P.O.,ARAKKULAM, IDUKKI DISTRICT. 2. SAJI P.N.,PAITHACKAL HOUSE, PATHIPALLY P.O., ARAKKULAM IDUKKI DISTRICT. 3. MINI SHAJI, PALONNIYIL, PATHIPALLY P.O. ARAKKULAM, IDUKKI DISTRICT. 4. BHARATHY RAMA KRISHNAN, PAITHACKAL, PATHIPALLY P.O.,ARAKKULAM, IDUKKI DISTRICT. BY ADVS. SMT.SREEDEVI KYLASANATH, SMT.SHALEENA RAJAN. RESPONDENTS: ------------------------ 1. THE SECRETARY TO GOVERNMENT, SC/ST DEVELOPMENT (B) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE PRINCIPAL SECRETRY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE MANAGER, ASCO BANK LTD.(NO.1299) (FARMERS' SERVICE CO-OPERATIVE BANK) ARAKKULAM-685 591, IDUKKI DISTRICT. R1 & R2 BY SR. GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J ........................................... WP(C).NO. 6599 OF 2011 ............................................ DATED THIS THE 3rd DAY OF MARCH, 2011 JUDGMENT The petitioners who belong to scheduled caste community, had availed a loan of Rs.5000/- each from the 3rd respondent. However, the amount was not repaid as agreed, because of the alleged frustrating pecuniary circumstances and the petitioners turned to be defaulters, when the bank proceeded with further steps for realization of the due amount as borne by Ext.P4 series of notices. 2. The case of the petitioners is that, they are very much entitled to have the benefit of `waiver' in view of the Scheme promulgated by the Government, particularly, as discernible from Ext.P4 Government Order issued in this regard. 3. The learned counsel appearing for the petitioners also places reliance on Ext.P7 judgment passed by a Division Bench of this Court, whereby the course pursued by the concerned respondents stipulating a `cut off date' has been deprecated, observing that, the benefits that are being extended to the wpc 6599/2011 2 `fishermen folk' are liable to be extended in the case of the Scheduled Caste/Scheduled Tribes, since they are probably in no way better positioned than the members of the Fishermen community. The learned counsel for the petitioners submits that the petitioners have already brought up the matter before the first respondent by filing Ext.P8 representation and that the same is still to be finalized. 4. Heard the learned special Government Pleader appearing on behalf of the respondents 1 & 2. 5. Considering the limited nature of relief sought for, this Court does not propose to issue notice to the 3rd respondent for the time being. 6. In the said circumstances, the writ petition is disposed of directing the first respondent to consider Ext.P4 series and pass appropriate orders, in accordance with law and also in the light of Ext.P7 judgment, with notice to the petitioners and the 3rd respondent. This shall be done as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment along wpc 6599/2011 3 with copy of the writ petition before the first respondent for taking further steps. `Status quo' shall be maintained till such time. P.R.RAMACHANDRA MENON, JUDGE lgk