IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 25166 of 2008(U) ------------------------------------- PETITIONER: ------------------- PAUL V VARGHESE, VELLOLIPPIL HOUSE KADAKKANAVU PO., KOLENCHERRY, ERNAKULAM. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: ----------------------- 1. CATHOLIC SYRIAN BANK LTD. NELLADU BRANCH, ERNAKULAM DISTRICT REP. BY ITS BRANCH MANAGER 2. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. BY ADV. SAIGI JACOB PALATTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.25166 of 2008 ================== Dated this the 3rd day of September, 2008. J U D G M E N T The petitioner's grievance in this writ petition is that although he is entitled to the benefits of the Ext.P2 scheme for waiver of agricultural loan, the respondents are proceeding before the Debt Recovery Tribunal for coercive recovery of the loan amounts due from him to the respondents. The petitioner therefore seeks the following reliefs: “I. Issue a writ of certiorari Quashing Exhibit P4 as illegal and arbitrary. II. Issue a writ of mandamus directing the 1st respondent to consider Exhibit P3 representation and allow the benefits of Ext.P2 scheme to the petitioner.” The learned Standing Counsel appearing for the bank submits that the petitioner's application for waiver is being processed and appropriate orders would be passed shortly. He also submits that it would be open to the petitioner to approach the Debt Recovery Tribunal for adjournment of the case pending before it on the ground that the bank is considering his application for waiver of the debt in Ext.P2 scheme. This submission of the learned Counsel for the bank is recorded and the writ petition is disposed of, accordingly. S.SIRI JAGAN, JUDGE rhs