IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 7211 of 2011(B) ------------------------- PETITIONERS: -------------------- 1. RAMAKRISHNAN P.N. S/O.NARAYANAN, PAITHACKA VEEDU PAITHIPPALLY PO, PAITHIPPALLY, IDUKKI DISTRICT. 2. PARAMESHWARAN K.I, S/O.ITTIATHI THADATHIMAKKAL HOUSE, PAITHIPPALLY PO, PAITHIPPALLY,IDUKKI DISTRICT. BY ADV. 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 SECRETARY CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001. 3. THE MANAGER ASCO BANK LTD, FARMERS SERVICE CO -OPERATIVE BANK LTD ARAKKULAM, IDUKKI DISTRICT 685 591. R1 & R2 BY GP P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.7211 of 2011 -------------------------- Dated this the 14th March, 2011 J U D G M E N T The petitioners, who belong to scheduled caste community, had availed a loan of ` 5,000/- 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. 2. The grievance of the petitioners is that, the petitioners are very much entitled to have the benefit of 'waiver', in view of the Scheme promulgated by the Government, particularly, as discernible from Ext. P2 Government Order issued in this regard. 3. The learned counsel appearing for the petitioners also places reliance on Ext P4 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 'fishermen folk' are liable to be extended in the case of the Scheduled Caste / Scheduled W.P (C) No. 7211 of 2011 2 Tribes, as well, 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. P5 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. P5 and pass appropriate orders, in accordance with law and also in tune with the contents of Ext. P2 Government Order and Ext. P4 judgment, with notice to the petitioners and also to 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. W.P (C) No. 7211 of 2011 3 7. The petitioners shall produce a copy of this judgment along with copy of the Writ Petition before the first respondent for taking further steps. 'Status quo' shall be maintained till such time. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge