IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 23134 of 2008(D) --------------------------------------- PETITIONERS: --------------------- 1. KONNATHADI SERVICE CO-OPERATIVE BANK LTD.NO.K 260, KONNATHADI P.O., IDUKKI, PIN - 685 563, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, KONNATHADI SERVICE CO-OPERATIVE BANK LTD.NO.K 260, KONNATHADI PO., IDUKKI, PIN - 685 563 RAJANKUTTY T.G., THEKKADAYIL HOUSE, KONNATHADY P.O., IDUKKI DISTRICT. BY ADV. SRI.K.BABU THOMAS, SMT.MARYKUTTY BABU, SRI.DENNING K.BABU. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, NEW DELHI. 2. THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT, NABARD, REPRESENTED BY ITS CHIEF GENERAL MANAGER/ OFFICE-IN-CHARGE, TRIVANDRUM. 3. THE KERALA STATE CO-OPERATIVE BANK LTD., P.B.NO.6154, CO-OPERATIVE BANK TOWERS, PALAYAM, TRIVANDRUM. 4. THE DISTRICT CO-OPERATIVE BANK LTD, HEAD OFFICE, IDUKKI, P.B.NO.2, IDUKKI COLONY P.O. PIN 685 602. W.P.(C). NO.23134/2008-D: 5. THE SALE OFFICER, DEVIKULAM TALUK CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD.NO.1-136, ADIMALI P.O., IDUKKI - 685 561 AND THE AUTHORIZED OFFICER, REGISTRAR OF CO-OPERATIVE SOCIETIES, MUNNAR P.O., IDUKKI. ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G. FOR R1, ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R3, ADV. SRI. P. SASIDHARAN FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23134/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008 IMPLEMENTATION CIRCULAR. EXT.P.2: COPY OF THE GUIDELINES FOR IMPLEMENTATION OF THE SCHEME PREPARED BY THE R.4. EXT.P.3: COPY OF THE CLAIM FOR WAIVER OF RS.4,57,80,855/-. EXT.P.4: COPY OF THE CLAIM AND CERTIFICATE FOR DEBT WAIVER OF RS.95,41447/- FOR 1368 FARMERS. EXT.P.5: COPY OF THE REJECTION OF CLAIM OF 2305 FARMERS FOR WAIVER OF RS.3,63,72,970/-. EXT.P.5.A: COPY OF AN APPLICATION FOR AGRICULTURAL LOAN OF RS.10,000/-. EXT.P.5.B: COPY OF THE LOAN LEDGER FOR RS.5000/- DISBURSED. EXT.P.5.C: COPY OF THE LOAN LEDGER FOR RS.5000/- DISBURSED. EXT.P.6: COPY OF THE LETTER OF THE R.5. EXT.P.7: COPY OF THE RESOLUTION NO. 25/2008 OF THE BOARD. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.23134 of 2008 ================================== Dated this the 15th day of October, 2008. JUDGMENT None appears for respondents 2 and 5. Service complete. Having heard the learned counsel for the petitioners and other respondents, this writ petition is ordered directing that the fifth respondent shall re- consider Ext.P5 list of 2305 farmers and certify whether they are eligible after verifying their loan applications, bonds executed by the borrowers, loan disbursement records, loan ledger, day book etc. as are maintained by the writ petitioner bank and extend the benefit to those farmers. If any of them is not entitled, reason for such decision shall be given to the secretary of the petitioner bank. Let this be carried out WPC23134/08 -:2:- within a period of two months from now and reported to this Court. Thottathil B.Radhakrishnan, sl. Judge.