IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 1158 of 2010(T) -------------------------------------- PETITIONER(S): ------------------------ 1. KARTHIYAYANI AMMA, AGED 72 YEARS, W/O.LATE P.K.SIVARAMAN NAIR, PERINCHERIL HOUSE, AYIROOR P.O., THIRUVALLA, PATHANAMTHITTA. 2. S.DILEEP KUMAR, AGED 43 YEARS, S/O.LATE P.K.SIVARAMAN NAIR, PERINCHERIL HOUSE, AYIROOR P.O., THIRUVALLA, PATHANAMTHITTA. 3. S.PRADEEP KUMAR, AGED 41 YEARS, S/O.LATE P.K.SIVARAMAN NAIR, PERINCHERIL HOUSE, AYIROOR P.O., THIRUVALLA, PATHANAMTHITTA. 4. DEEPA S. NAIR, AGED 39 YEARS, KAIPLACKAL HOUSE, CHERUKOLE P.O., KOZHENCHERRY, PATHANAMTHITTA DISTRICT. BY ADVS. MR.R.RANJITH, MR.M.T.SURESHKUMAR. RESPONDENT(S): --------------------------- 1. THE THIRUVALLA EAST CO-OPERATIVE BANK LTD. NO.3260, ERAVIPEROOR, REPRESENTED BY ITS GENERAL MANAGER. 2. THE BRANCH MANAGER, THE THIRUVALLA EAST CO-OPERATIVE BANK LTD.NO.3260, KURIANNOOR BRANCH, PATHANAMTHITTA DISTRICT. 3. THE A.E.INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVALLA, PATHANAMTHITTA DIST.(ARBITRATOR). 4. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM, REPRESENTED BY ITS SHERESTDAR. R1 & R2 BY ADV. MR.P.HARIDAS R3 & R4 BY GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 1158 OF 2010 ----------------------------------------------------------- Dated this the 17th February, 2010. JUDGMENT The petitioners are the wife and children of late P.K.Sivaraman Nair who was an agriculturist. He had availed a loan of Rs.3 lakhs from the first respondent bank. The loan was sanctioned on the security of an extent of 42.40 ares of land. However, the loan amount could not be repaid due to various reasons. Late Sivaraman Nair also fell sick and succumbed to his illness. 2. The bank initiated proceedings to recover the loan amount by filing ARC 802/2003. As per award dated 28.6.2004 the petitioners have been found liable to pay an amount of Rs.3,90,980/- with interest. The petitioners have filed Ext.P6 representation before the first respondent seeking the benefits of Ext.P7 scheme that has been brought into force by the Central Government for ameliorating the conditions of agriculturists who are facing acute financial problems due to failure of crops and other reasons. The complaint of the petitioners is that Ext.P6 has not been considered by the first respondent so far. 3. According to the petitioners they are entitled to the benefit of Ext.P7 scheme. Even if it is assumed that they are not WPC 1158/2010 2 entitled to the benefits of the scheme, the petitioners are entitled to the benefit of the decision reported in Kerala State Co-operative Bank Ltd. v. Kerala Co-operative Tribunal (2005(1) KLT 572). However, without considering any of the above aspects, the first respondent is proceeding to recover the amount that has been awarded against the petitioners. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to consider Ext.P6 representation in accordance with law and after affording an opportunity of being heard to the petitioner, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment, which the petitioners are permitted to produce before the authority for compliance. Pending consideration of Ext.P6, all proceedings to recover the award amount from the petitioners will be kept in abeyance. K. SURENDRA MOHAN Judge jj WPC 1158/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: