IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 25744 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. K.J.DEVASIA, AGED 63 YEARS S/O. JOSEPH, KOLLAMPARAMBIL HOUSE, ANAVILASOM KARA, IDUKKI DIST. 2. LILLYKUTTY DEVASIA, W/O. K.J.DEVASIA, KOLLAMPARAMBIL HOUSE, ANAVILASOM KARA, IDUKKI DIST. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, REP. BY THE GENERAL MANAGER, HEAD OFFICE THIRUVANANTHAPURAM. 2. STATE BANK OF TRAVANCORE, REP. BY ITS MANAGER, ANAVILASOM BRANCH, ANAVILASOM-KUMILY. 3. SIDHARTHA BISWA, GRIEVANCE REDRESSAL OFFICER, DEPUTY GENERAL MANAGER, STATE BANK OF TRAVANCORE ZONAL OFFICE-PANAMPILLY NAGAR, ERNAKULAM. 4. UNION OF INDIA REP. BY THE SECRETARY TO THE CENTRAL GOVERNMENT, DEPARTMENT OF FINANCIAL SERVICE, MINISTRY OF FINANCE-NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R4 SRI. SATISH NINAN SC FOR SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.25744 OF 2009(K) -------------------------------------------------- Dated this the 20th day of October, 2010 J U D G M E N T Petitioner availed of an Agricultural Cash Credit Loan of Rs. 1 lakh on 13.7.2001 and Agricultural Term Loan on 16.9.2004. Default was committed and it was while so that the Government of India introduced Agricultural Debt Waiver and Debt Relief Scheme 2008. Out of the total liability, the waiver to the extent which is admissible, according to the Bank, was given. However, the petitioner claimed that he is entitled to have the total liability waived. 2. Accordingly Ext.P2 legal notice was issued. That was responded by Ext.P3 informing that the matter was taken up with the 2nd respondent branch and that they will revert back on hearing from them. According to the petitioner there was no further progress in the matter and at the same time he was faced with demands for payment of the balance amount due and it is in these circumstances the writ petition has been filed contending that the Bank should be compelled to waive the total liability due from the petitioner. WPC.No.25744/09 :2 : 3. The Bank has filed a statement contending that, the petitioner is not entitled to total waiver. According to the Bank petitioner has already been given waiver to the extent that is permissible in terms of the Scheme 2008, which is subsequently clarified by the Government of India. 4. As rightly pointed out by the learned counsel appearing for the Bank, clause 10.3 of the Scheme itself provides that if a farmer is aggrieved by the relief granted, he has a remedy of approaching the Grievance Redressal Officer of the loaning institution. Petitioner has raised such a grievance in Ext.P2 but however, that grievance is still not considered. Having regard to the provision in clause 10.3 of the Scheme, I direct the Grievance Redressal Officer of the respondent Bank to consider Ext.P2 notice issued on behalf of the petitioner. This the Grievance Redressal Officer shall do, as expeditiously as possible, and until Ext.P2 is considered and a reply is given to the petitioner, recovery proceedings shall not be continued. (ANTONY DOMINIC) JUDGE vi/