IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 23720 of 2009(H) -------------------------- PETITIONER(S): --------------- JOSE JOSEPH, S/O. JOSEPH, AGED 49 , KUNNEL HOUSE, MOOLAMATTOM P.O., IDUKKI DISTRICT. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. UNION OF INDIA, REP. BY ITS SECRETARY TO AGRICULTURE CENTRAL SECRETARIAT, NEW DELHI. 3. SECRETARY TO FINANCE AND BANKING DEPARTMENT CENTRAL SECRETARIAT, NEW DELHI. 4. SECRETARY TO AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. SECRETARY TO REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SRI. P. PARAMESWARAN NAIR, ASG. SRI. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN , J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 23720 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of September, 2009 J U D G M E N T Heard Sri. Johnson Manayani, the learned counsel appearing for the petitioner, Sri. P.N. Santhosh, the learned Government Pleader appearing for respondents 1, 4 and 5 and Sri. P.Parameswaran Nair, the learned Assistant Solicitor General of India appearing for respondents 2 and 3. 2. The petitioner is a farmer residing in Idukki District. His grievance is that in Ext.P1 Agricultural Debt Waiver and Debt Relief Scheme, no distinction is drawn between lands lying in the plains and in hilly areas. The petitioner submits that under the Kerala Land Reforms Act for determining the ceiling area, the Government of Kerala have standardized the area of lands, taking note of the fact that one acre of land in a hilly area cannot be equated with one acre of land in plains. He submits that the Union of India will therefore, have to make necessary amendments to the Scheme as otherwise, people owning lands in hilly areas will not get the benefit of Ext.P1 scheme. He submits W.P. (C) No. 23720 OF 2009 . : 2 : that pointing out this aspect, he has submitted Ext.P3 representation before the Chief Secretary to Government of Kerala and with copies to the Secretary to Government, Revenue Department and Agricultural Department requesting them to forward it to the Union Government for appropriate action. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to take appropriate action on Ext.P3 representation. 3. The learned Government Pleader, appearing for the State of Kerala submits that State Government can only forward the original of Ext.P3 representation to the Central Government with their remarks. Since Ext.P1 is a scheme framed by the Union Government, any modification thereof can only be made by the Central Government. The state Government can only forward the original of Ext.P3 to the Union Government with their remarks. Further it is for the Central Government to decide whether any modification should be made in Ext.P1 scheme. However, as the petitioner confines his relief to a direction to the respondent to dispose of Ext.P3 representation, I dispose of this writ petition W.P. (C) No. 23720 OF 2009 . : 3 : with the following directions: The first respondent shall forward the original of Ext.P3 to the appropriate department of Central Government with their remarks expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Revenue Department. The Central Government shall on receipt of the original of Ext.P3 from the State Government consider the same and pass orders thereon expeditiously and in any event within six months from such date. ( P.N. RAVINDRAN, JUDGE) jma