IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 28233 of 2008(J) ---------------------------------------- PETITIONER(S): --------------------------- SUNNY PAUL, AGED 45 YEARS, S/O. KURIAN PAUL, RESIDING AT KUTTIYARA HOUSE, KADAVOOR.P.O, MUVATTUPUZHA. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): --------------------------- 1. THE KADAVOOR SERVICE CO-OPERATIVE BANK LTD. NO. 1882, KADAVOOR, PAINGOTTOOR GRAMA PANCHAYATH, MUVATTUPUZHA, PIN - 686 671, REP. BY ITS SECRETARY. 2. THE DISPUTE SETTLEMENT OFFICER, THE KADAVOOR SERVICE CO-OPERATIVE BANK LTD. NO. 1882, KADAVOOR, PAINGOTTOOR GRAMA PANCHAYATH, MUVATTUPUZHA, PIN - 686 671. 3. THE KERALA STATE CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 4. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, ERNAKULAM. R1 BY ADV. SRI.JOHNSON MANAYANI R3 BY ADV. SRI. NAGARAJ NARAYANAN, SC R4 BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28233/2008 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TAX RECEIPT NO.84 DTD. 11/11/1998 WHICH WAS ISSUED FROM THE KADAVOOR VILLAGE. P2: COPY OF THE SETTLEMENT DEED NO.1893/53 OF MUVATTUPUZHA SUB REGISTRY OFFICE. P2(A): COPY OF THE TAX RECEIPT NO.72 DTD. 01/01/1999 ISSUED FROM THE KADAVOOR VILLAGE OFFICE. P3: COPY OF THE CIRCULAR NO.CPD/1566/PL-14/2008-2009 DTD. 23/06/2008 ISSUED BY THE NABARD OF THE KERALA BRANCH. P4: COPY OF THE REPRESENTATION DTD. 08/07/2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5: COPY OF THE FAMILY DETAILS OF THE LOAN PROCEEDINGS FORM. P6: COPY OF THE LETTER NO.6/8 DTD. 19/08/2008 TO THE PETITIONER BY THE PRO OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28233 of 2008-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2010. JUDGMENT The petitioner's claim in the writ petition is for grant of benefits under the scheme framed by the Central Government/NABARD, viz. Agricultural Debt Waiver and Debt Relief Scheme, 2008. Ext.P3 is the copy of the said Scheme. According to the petitioner, going by Ext.P3 the Bank is liable to waive the entire loan amount including arrears. But the petitioner was given the benefit of waiver of 25% of the loan amount alone. Ext.P4 is the representation given by the petitioner to which Ext.P5 reply has been given. 2. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the Bank. The stand taken by the Bank is that the petitioner's application showed that he is having a property more than 5 acres, viz. 7.78 acres in extent. But it is the case of the petitioner that his father was a guarantor who was owning more than 5 acres of land and that was shown along with the extent of property held by the petitioner which is only 80 cents. 3. Even going by Ext.P3, the petitioner has got a remedy to approach the Disputes Redressal Forum. Therefore, if the petitioner files an wpc 28233/2008 2 appropriate representation before the Disputes Redressal Forum or the Joint Registrar concerned, within a period of one month from today, the same will be entertained and final orders will be passed within a further period of two months, after hearing the petitioner and the Bank. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/