IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 5533 of 2010(N) ------------------------- PETITIONER(S): --------------- 1. SANKARAN, MANGARANGODU HOUSE, CHOORAKKODE, KALLADIKODE P.O., MANNARKKAD. 2. LEELA, MANGARANGODU HOUSE, CHOORAKKODE, KALLADIKODE P.O., MANNARKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE STATE BANK OF INDIA, REP.BY THE CHIEF MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, PALAKKAD. 2. THE BRANCH MANAGER, THE STATE BANK OF INDIA, AGRICULTURAL DEVELOPMENT BRANCH, PALAKKAD. 3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), MANNARKKAD. 4. NATIONAL BANK FOR AGRICULTURE & RURAL DEVELOPMENT, REP. BY ITS CHIEF GENERAL MANAGER, KERALA REGIONAL OFFICE, POST BOX NO.5613, PUNNEN ROAD, STATUE, THIRUVANANTHAPURAM-695 039. GOVERNMENT PLEADER SRI.P.NARAYANAN SRI.N.RAJAGOPALAN NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.5533 of 2010 ------------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The petitioners have availed of agricultural loan for an amount of Rs.2.5 lakhs from the first respondent bank. The loans are secured by way of a mortgage over the properties of the petitioners. Ext.P2 is the copy of the possession certificate and Ext.P3 is the copy of the valuation report. 2. When petitioners defaulted in repayment, the bank initiated revenue recovery action against them, which is evidenced by Ext.P4 demand notice. 3. The petitioner is relying upon Ext.P1 the debt relief schemes adopted by the Central Government for the benefit of the agriculturists who have property below 5 acres. It is the case of the petitioners that in the light of the above scheme they are entitled for benefits including waiver. 4. Seeking for the said benefit they have filed an application as per Ext.P5 and subsequently they have paid an amount of Rs.83,993/- going by Exts.P6 and P7. 5. It is the case of the petitioner that in the meanwhile revenue recovery proceeding have been initiated against them. The learned Standing Counsel for the Bank submitted that if the W.P.(C)No.5533 of 2010 2 petitioners file a detailed representation, the same will be considered by the Bank in accordance with the Scheme. 6. Therefore, if the petitioners file a fresh representation before the second respondent, Branch Manager of the bank along with a copy of this judgment, the same will be considered by the competent authority in terms of the provisions of the Scheme, Ext.P1 and appropriate communication will be given to the petitioners in that regard expeditiously. Revenue recovery action against the petitioners will be kept in abeyance till appropriate steps are completed, as directed above. The petitioner will produce a copy of the writ petition along with a copy of this judgment before the third respondent for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj