IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 9377 of 2011(V) -------------------------------------- PETITIONER(S): ------------------------- 1. A.K.MOIDEEN KUTTY, AGED 55 YEARS, S/O.ABDUL KAREEM, KAKKATHODE, ELAPULLY P.O., PALAKKAD DISTRICT. 2. AJEE, AGED 49 YEARS, W/O.MOIDEEN KUTTY KAKKATHODE, ELAPULLY P.O., PALAKKAD DISTRICT. BY ADVS. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.BHAMA G. NAIR SRI.V.K.MEETHIANKUNJU SRI.N.M.SIYAD RESPONDENT(S): --------------------------- 1. THE MANAGER, CANARA BANK, ELAPULLY BRANCH, PALAKKAD DISTRICT - 678 622. 2. THE RESERVE BANK OF INDIA, URBAN BANKS DEPARTMENT, BAKERY JUNCTION, TRIVANDRUM, REP. BY ITS GENERAL MANAGER 695 013. 3. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI - 110 001. 4. THE PRINCIPAL AGRICULTURAL OFFICER, PALAKKAD - 678 001. R1 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.S.RAMU R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R4 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9377/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME 2008 ISSUED BY THE 3RD RESPONDENT. P2 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE CHIEF MANAGER, CANARA BANK, BIG BAZAAR, PALAKKAD DATED 23/07/2008. P3 COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SIGNED BY THE CHIEF MANAGER, CANARA BANK, PALAKKAD. P4 COPY OF THE LETTER NO.NPA:1061:3141:SHL DATED 23/12/2010 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 1ST PETITIONER. P5 COPY OF THE LETTER NO.NPA:1061:SHL DATED 23/12/2010 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 2ND PETITIONER. P6 COPY OF THE LETTER DATED 13/06/2011 ISSUED BY THE AGRICULTURAL OFFICER ELAPPULLY. P7 COPY OF THE RELEVANT PAGES OF THE SAVINGS BANK ACCOUNT NO.7146 OF THE 2ND PETITIONER. P8 COPY OF THE DEMAND NOTICE DATED 9/3/2007 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT ISSUED THE 2ND PETITIONER. P9 COPY OF THE DEMAND NOTICE DATED 9/3/2011 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT ISSUED THE 2ND PETITIONER. RESPONDENT'S ANNEXURES: ANNEX A: COPY OF THE LOAN DOCUMENT DATED 04/05/2007 EXECUTED BY THE 1ST PETITIONER. ANNEX B: COPY OF THE LOAN DOCUMENTS DATED 04/05/2007 EXECUTED BY THE 2ND PETITIONER. /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.9377 OF 2011 -------------------------------------------------- Dated this the 21st day of June 2011 JUDGMENT The petitioner is seeking for the benefit of waiver of the due amounts, under the Agricultural Debt Waiver and Debt Relief Scheme 2008, notified by the Central Government. 2. The respondent bank has filed a statement pointing out that the petitioner does not come within the purview of Ext.P1 Scheme, asserting that the said Scheme is applicable only in respect of loans 'disbursed upto 31-03-2007 and overdue as on 31-12-2007 and remaining unpaid until 29- 02-2008'. 3. The learned counsel for the petitioner however contends that the loan was actually availed by the petitioner in 2003 and not in 2007. But, the factual particulars narrated and copies of the relevant documents produced reveal that the petitioner has been proceeded against, in respect of the loan granted by the respondent bank on 04- 05-2007, and it is in respect of the said loan, that the petitioner has approached this Court by filing the present Writ Petition. W.P.(C) No.9377/2011 2 4. In the said circumstances, this Court finds that the case projected by the petitioner is devoid of any merit. No interference is warranted. The Writ Petition fails and it is dismissed accordingly. vdv P.R.RAMACHANDRA MENON, JUDGE