IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 21791 of 2011(Y) -------------------------- PETITIONER(S): --------------- 1. ALEX K IYPE, S/O. JOSEPH, AGED 62 YEARS, KATTAKKAYAM HOUSE, PATTIMATTOM.P.O., ERNAKULAM DISTRICT. 2. LEELA ALEX, W/O. ALEX K IYPE, AGED 54 YEARS, KATTAKKAYAM HOUSE, PATTIMATTOM.P.O. ERNAKULAM DISTRICT. BY ADV. SRI.ZAKEER HUSSAIN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, ERNAKULAM - 682 030. 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, KUNNATHUNAD TALUK, PERUMBAVOOR - 683 542. 3. THE FEDERAL BANK LTD., PAZHAMTHOTTAM BRANCH, REPRESENTED BY ITS MANAGER. PIN - 683 565. R1 & R2 BY GOVT. PLEADER SRI. BIJOY CHANDRAN R3 BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21791 of 2011(Y) APPENDIX PETITIONERS' EXHIBITS: P1. COPY OF THE AGRICULTURAL DEBT WAIVER & DEBT RELIEF SCHEME 2008. P2. COPY OF THE LAWYER NOTICE DATED 19.12.2010. P3. COPY OF THE REPLY NOTICE DATED 13.1.2011. P4. COPY OF THE DEMAND NOTICE DATED 27.7.2011. P5. COPY OF THE REPRESENTATION DATED 4.8.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.21791 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2011 J U D G M E N T The petitioners are agriculturists. They availed of an agriculture loan from the 3rd respondent bank. They defaulted repayment. The bank initiated proceedings of recovery through respondents 1 & 2 which are under challenge in this writ petition. One of the contentions raised by the petitioners is that, the petitioners are entitled to the benefit of Ext.P1 scheme of Agricultural Debt Waiver And Debt Relief Scheme, 2008 for farmers, which has not been granted to the petitioners. 2. In answer to the same, in the statement filed by the counsel for the 3rd respondent it is submitted that, only amounts overdue on a loan as on 31.12.2007 and remaining unpaid till 29.2.2008 are to be waived under the scheme. According to the 3rd respondent, the loan was availed of on 7.2.2007 which became overdue only on 7.2.2010. Therefore the petitioners are not entitled to the benefit of Ext.P.1 scheme, is the contention raised. In view of the W.P.(C)No.21791 of 2011 -2- above stand of the bank, the petitioners confine their relief for a permission to pay off the amount due in 15 equal monthly installments. This is opposed by the counsel for the bank. Having heard both sides, I dispose of this writ petition with a direction to the respondents to permit the petitioners to pay off the amounts due from them to the 3rd respondent in 15 (fifteen) equal monthly instalments starting from 01.09.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioners commit default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE