1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD).No.2516 of 2011 And M.P.(MD).No. 1 of 2011 Yasothai ... Petitioner -Vs- 1. The Union of India Represented by its Secretary Ministry of Finance New Delhi 2. The District Collector Office of District Collector Madurai District 3. The Branch Manager State Bank of India Melur Main Road Y.Othakadai Maduari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to waive the debt of the petitioner in respect of Tractor Loan Account No. 3009619349-5 in the State Bank of India, Melur Main Road, Y.Othakkadai Branch, Madurai - 107 the third respondent herein as per Agricultural Debt Waiver and Debt Relief Scheme, 2008, dated 23.05.2008 consequently forbearing the third respondent herein and their subordinates or agents, or any authorities, acting through 3rd respondent from seizing the petitioner's tractor bearing registration No. TN 59 AD 6288 with Trailer. *** For Petitioner : Mr.T.Selvakumaran For 2nd Respondent: Mr.K.P.Krishnadoss Government Advocate For 3rd Respondent: Mr.Sethuraman O R D E R The petitioner has come up with the above Writ Petition seeking a direction to the respondents to waive the Tractor Loan obtained by him, https://hcservices.ecourts.gov.in/hcservices/ 2 in pursuance of a scheme floated by the respondent under the name "Agricultural Debt Waiver and Debt Relief Scheme, 2008". 2. Heard Mr.T.Selvakumaran, learned counsel for the petitioner, and Mr.Sethuraman, learned standing counsel for the third respondent, State Bank of India. 3. The petitioner was sanctioned a Tractor loan on 29.11.2006 in a sum of Rs.4,99,000/-. According to the petitioner, he is unable to repay the loan amount and that, he is entitled to the Waiver Scheme floated in 2008. 4. However, it is stated by Mr.Sethuraman, learned standing counsel for the Bank that there are two factual issues involved, namely, (1) as to whether the petitioner would come within the definition of "small farmer" and (2) as to whether the petitioner came within the parameters of the Scheme. 5. These issues have to be first decided by the third respondent. Therefore, for the present, the Writ Petition is disposed of directing the third respondent to consider the representation of the petitioner, dated 10.01.2011 in the light of the Scheme and in the light of the factual position and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Secretary The Union of India Ministry of Finance, New Delhi 2. The District Collector Office of District Collector Madurai District 3. The Branch Manager State Bank of India Melur Main Road, Y.Othakadai, Maduari District + 1 cc to Mr.T.Selvakumaran, Advocate, SR No.35539 W.P.(MD).No.2516 of 2011 And M.P.(MD).No. 1 of 2011 13.10.2011 vsg RJ/20.10.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/