IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 3222 of 2011(C) ------------------------- PETITIONER(S): --------------- 1. BUDHA AMBEDKAR SAMITHI, REGN.NO.P-107/05 THEPPUPARA PO, EZHAMKULAM, ADOOR, PATHANAMTHITTA DISTRICT REPRESENTED BY ITS PRESIDENT SRI.THANKAPPAN. 2. K.V.BHASKARAN, KANJIRAVILAYIL HOUSE, THUVAYOOR NORTH, MANAKKALA PO, ADOOR. BY ADV. SRI.P.RAVINDRA NATH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY IT SECRETARY TO GOGERNMENT, SCHEDULED CASTE & SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. THE MANAGING DIRECTOR, KERALA STATE SCHEDULED CASTE/SCHEDULED TRIBE DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM. 5. THE KERALA SCHEDULED CASTE/SCHEDULED TRIBE DEVELOPMENT CORPORATION, PANDALAM BRANCH. 6. THE MANAGER, PALLIKKAL SERVICE CO-OPERATIVE BANK, NOORANAD. 7. THE MANAGER, CANARA BANK, ADOOR BRANCH, ADOOR. 8. THE MANAGER, KADAMBANAD SERVICE CO-OPERATIVE BANK, KADAMPANAD. 9. THE MANAGER, CATHOLIC SYRIAN BANK, KADAMBANAD. 10. THE MANAGER, SOUTH MALABAR GRAMEEN BANK, KADAMBANAD. 11. THE MANAGER LAND MORTGAGE BANK, ADOOR. 12. THE MANAGER, PERINGANAD SERVICE CO-OPERATIVE BANK, PERINGANAD. 13. THE MANAGER, DISTRICT CO-OPERATIVE BANK, PANDALAM. 14. THE MANAGER, DISTRICT CO-OPERATIVE BANK, KILLIVAYAL BRANCH, PATHANAMTHITTA. 15. THE MANAGER, ENATH SERVICE CO-OPERATIVE BANK, CHOORAKKODE. 16. THE MANAGER, INDIAN OVERSEAS BANK, ADOOR. 17. THE MANAGER, STATE BANK OF INDIA, ADOOR. 18. THE MANAGER, DISTRICT CO-OPERATIVE BANK, KODUMON. 19. THE MANAGER, ERATH SERVICE CO-OPERATIVE BANK, ERATH. 20. THE MANAGER, CORPORATION BANK, PARAKKODE. 21. THE KOLLAM DISTRICT CO-OPERATIVE BANK, NEDIYA BRANCH. 22. THE STATE BANK OF TRAVANCORE, ENATH BRANCH. 23. THE MANAGER, AGRICULTURAL AND RURAL DEVELOPMENT BANK, NOORANAD BRANCH, ALAPPUZHA DISTRICT. 24. THE MANAGER, CO-OPERTIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, MAVELIKKARA. 25. THE MANAGER, POOVATTAKAL SERVICE CO-OPERATIVE BANK, KOTTARAKKARA, KOLLAM. ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK FOR R16 SRI.T.R.RAVI, SC, S.MALABAR G. BANK FOR R10 SRI.M.K.CHANDRAMOHAN DAS,SC,KOLLAM CO-O FOR R4,5,21 SRI.K.S.DILIP FOR R22 BY GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH. R9 BY ADV. MR. B.S. KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 3222 OF 2011 ......................................................................... Dated this the 31st May , 2011 J U D G M E N T The petitioners have approached this Court with the following prayers: “ i) issue a writ of certiorari calling for the records leading to Ext. P4 and quash the same to the extent it limits the benefit of the scheme to loans of which repayment time has expired on 31.03.2006 ii) to issue a writ of mandamus or any other writ or order directing the respondents to extend the benefit of Ext.P4 Government Order for writing off loan availed by the petitioner's members upto Rs.25,000/- iii) to declare that the petitioners are entitled for waiver of the loan availed by them in terms of Ext.P4; iv) issue a writ of mandamus directing the 1st, 2nd and 3rd respondents to extend the benefit given in Exhibits P5 and P6 to the petitioners also and also to consider and take appropriate action on Ext.P2 within a time frame to be fixed by this Hon'ble Court; and v) any other relief this Hon'ble Court deems fit in the interest of justice. 2. The learned Counsel for the petitioners submits that the W.P.(C)No. 3222 OF 2011 2 properties of the members of the 1st petitioner association are being proceeded with, by the concerned respondents resorting to coercive steps, which according to the petitioners is not permissible in view of Ext.P9 judgment. Ext. P9 judgment clearly states that the observations made in the judgment shall not be treated as a direction. Going by the contents of Ext.P9 judgment, it is for the Government to consider the claim for waiver and to proceed with the recovery steps in respect of the cause of action which was mooted therein. Ext.P4 Government Order (G.O.No.100/09/SC/ST.DEV. dated 12.11.2009, pertains to to various Govt. Departments/Co-operative Societies /Co- operative Banks, which cannot be read and interpreted, so as to have uniform application. That apart, it has been observed by the Division Bench in the opening paragraph of Ext.P9 judgment as follows: “We do not think there is any need to consider the contentions raised by the petitioners on merit because individual borrowers are not before us and unless facts pertaining to each loan is considered, there is no scope for our considering entitlement for W.P.(C)No. 3222 OF 2011 3 waiver of loan by the borrowers under any Government Scheme”. 3. In the above circumstance, this Court finds it very difficult to accept the proposition of the petitioners. Interference is declined, however without prejudice to the right of the petitioners to pursue appropriate steps before the Government, if they are otherwise eligible. Benefit of Ext.P4, including to the extent as modified pursuant to Ext. P9 judgment, as the case may, shall stand extended to the eligible hands. It is made clear that this will not preclude the individual borrowers to challenge the action, if they are otherwise eligible, in accordance with the relevant provisions of law. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk