IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 3019 of 2010(B) --------------------------------------- PETITIONER(S): ------------------------ T.J.IVANHOE (LOAN NO.TS XII 2/ALPY) KALLUMALA P.O., VIA MAVELIKKARA. ALAPPUZHA DISTRICT. BY ADVS. MR.G.HARIHARAN, MR.PRAVEEN.H. RESPONDENT(S): --------------------------- 1. THE KERALA STATE DEVELOPMENT CORPORATION FOR SC & ST LTD. REPRESENTED BY ITS REGIONAL MANAGER (A KERALA GOVERNMENT UNDERTAKING) REGIONAL OFFICE, BLOCK OFFICE BUILDING, KALARCODE, SANATHANAPURAM P.O., ALAPPUZHA DISTRICT. 2. THE MANASGING DIRECTOR, THE KERALA STATE DEVELOPMENT CORPORATION FOR SC & ST LTD., HEAD OFFICE, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY SC & ST DEVELOPMENT (E) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 4. THE TAHSILDAR (R.R.) MAVELIKKARA, ALAPPUZHA DISTRICT. 5. THE VILLAGE OFFICER, THAZHAKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. 6. P.S.THOMAS, S/O.T.D.SAMUAL, KALATHIL THAZHEKKARA, (VIA) MAVELIKKARA ALAPPUZHA DISTRICT. R1 & R2 BY ADV. MR. M.K.CHANDRAMOHAN DAS, SC R3 TO R5 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 3019 of 2010-B ---------------------------- Dated this the 30th day of January, 2010. J U D G M E N T The petitioner had availed a vehicle loan from the first respondent as a measure of self employment, in accordance with the Scheme for extending such benefits to the members of the Scheduled Castes and the petitioner was given such benefit, he being a member of the Scheduled Caste. However, the loan amount could not be repaid on time and the petitioner happened to be a defaulter; whereupon, the first respondent proceeded with further steps under the Kerala Revenue Recovery Act for realisation of the due amount which was challenged by the petitioner in W.P(C) No.27261 of 2006, leading to Ext.P1 judgment. As per Ext.P1 judgment the penal as well as the default interest were ordered to be waived and the petitioner was permitted to settle the liability before 15.12.2008 with interest at the rate of 6% per annum. It was also mentioned that the petitioner would be entitled to get the benefit of One Time Settlement and it was open to the petitioner, to avail the same. W.P(C) No. 3019 of 2010-B 2 2. Subsequently, when the petitioner could not honour the commitment, the respondents proceeded with further steps which again was subjected to challenge by filing W.P(C) No. 6000 of 2009. The only prayer put forth was to enable the petitioner to clear the liability by way of instalments, which was allowed and the petitioner was directed to clear the same by instalments as provided therein, simultaneously, directing the second respondent to provide a statement showing the exact amount of instalments to be paid. Still aggrieved, the petitioner filed R.P.No.685 of 2009 pointing out some more grievance, where interference was declined and the Review Petition was dismissed vide Ext.P2. The petitioner is now before this Court, seeking for the benefit of waiver under Ext.P3, which was notified only in November 2009, ie, subsequent to Exts.P1 and P2 verdicts. 3. Heard the learned standing counsel appearing on behalf of the first and second respondents and also the learned Government Pleader appearing for the respondents 3 to 5. Considering the nature of relief to be extended, this Court does not find it necessary to issue notice to the sixth respondent. 4. Taking note of the fact that the petitioner has already W.P(C) No. 3019 of 2010-B 3 approached the first respondent by filing Ext.P4 representation for the benefit of waiver under the above scheme, the second respondent is directed to consider Ext.P4 representation and pass appropriate orders in accordance with law, and it shall be communicated to the petitioner within one month from the date of receipt of a copy of this judgment. Petitioner shall satisfy the outstanding liability if any, subject to the outcome as above. All further recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance till the proceedings are finalised as above. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab