IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 1461 of 2010(G) ---------------------- PETITIONER : ----------------- O.KOCHUMMAN, 'SMITHA BHAVAN' PAZHAYATTUMURI, EAST KALLADA.P.O., KOLLAM DISTRICT BY ADVS. SRI.SHABU SREEDHARAN SRI. JOHN JACOB N.A. SRI.SANJAJ SHENOI P. RESPONDENT(S): ------------------------- 1. THE GENERAL MANAGER, NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (NABARD) KERALA REGIONAL OFFICE, PUNNEN ROAD, THIRUVANANTHAPURAM- PIN-695039. 2. THE REGISTRAR, CO-OPERATIVE REGISTRAR'S OFFICE, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE BANK, CIVIL STATION, KOLLAM. 4. EAST KALLADA SERVICE SAHAKARANA BANK CO-OPERATIVE SOCIETY BANK LTD.3748, EAST KALLAD.P.O., KOLLAM REPRESENTED BY ITS SECRETARY. R2 & R3 BY GOVT. PLEADER SRI. SANDESH RAJA R4 BY ADVS. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI. S. SHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 1461 of 2010(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE KISAN CREDIT CARD SERIAL NO. 32 ISSUED BY THE 4TH RESPONDENT BANK. EXT.P2 : COPY OF THE AGRICULTURAL DEBT WAVER AND DEBT RELIEF SCHEME 2008. EXT.P3 : COPY OF THE APPLICATION DATED 05-07-2008 BY THE PETITIONER. EXT.P4 : COPY OF THE COMPLAINT DATED 19.11.2009 BEFORE 2ND RESPONDENT. EXT.P4 (a) : COPY OF THE COMPAINT DATED 25.11.2009 BEFORE THE 3RD RESPONDENT. EXT.P5 : COPY OF THE COMPAINT DATED 25-11-2009 BEFORE THE 1ST RES. RESPONDENT'S EXHIBITS: EXT.R4(a) : COPY OF THE RECEIPT NO. RC 5524 ALONG WITH VOUCHER DATED 20- 11-2007 ISSUED BY THE 4TH RESPONDENT. EXT.R4(b) : COPY OF THE BOND DATED 20-11-2007 ISSUED BY THE 4TH RESPONDENT. EXT.R4(c) : COPY OF THE LOAN STATEMENT SANCTIONED ON 20-11-2007 ISSUED BY THE 4TH RESPONDENT. EXT.R4(d) : COPY OF THE CIRCULAR REF NO. NABARD CIRCULAR NO. NB (KERALA) NO. CPD/1566/PL-14/2008-09 DATED 23-5-2008, AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008. //TRUE COPY// P.S. TO JUDGE Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1461 of 2010-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2010. JUDGMENT The petitioner is an agriculturist. He had availed an agricultural loan on 6.10.2000 under Kissan Credit Card from the 4th respondent Bank for an amount of Rs.25,000/-. It was being renewed from time to time upto 17.11.2006 and the loan amount was enhanced to Rs.50,000/-. 2. The petitioner's case is that after the Agricultural Debt Waiver and Debt Relief Scheme, 2008 was announced, the Secretary of the Bank insisted the petitioner to renew the loan for the year 2007 and expecting to get the benefit of the Scheme he did not renew it. But the Secretary himself renewed the loan on 20.11.2007. Ext.P2 is the copy of the Scheme. Therefore, his case is that when such a renewal was made by the Secretary, he became ineligible for the benefit of the Scheme. Thereafter the petitioner filed an application as per Ext.P3. As the same was not considered, he filed Exts.P4 and P4(a) before the Registrar and Joint Registrar of Co-operative Societies. Thereafter, the petitioner approached the first respondent who is the Nodel Officer, as per Ext.P5 seeking for appropriate directions in the matter. Seeking for a direction to the first respondent to consider Ext.P5, wpc 1461/2010 2 this writ petition has been filed. 3. The 4th respondent has filed a counter affidavit traversing the contentions of the petitioner. The case of the 4th respondent Bank is that the loan was closed on 20.11.2007 and a fresh loan was sanctioned on the same day. I am not going into the merits of the contentions, since it is up to the first respondent to consider the matter. 4. Therefore, there will be a direction to the first respondent to consider the application Ext.P5 with notice to the petitioner and the 4th respondent Bank and after conducting due enquiry, a final decision will be communicated to the petitioner within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/