IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 27039 of 2009(Y) -------------------------- PETITIONER : --------------- Y.SHAMSUDEEN, S/O. YOUSAF KUNJU, SHINY MANZIL, ELAMPALLOOR, KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: --------------- 1. THE KERALA AGRICULTURIST'S DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM. 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, KOLLAM. 3. THE AUTHORIZED OFFICER, SYNDICATE BANK, REGIONAL OFFICE, THIRUVANANTHAPURAM-695 010. 4. THE MANAGER, SYNDICATE BANK, KUNDARA BRANCH, KOLLAM. BY GOVERNMENT PLEADER SRI.MATHEW VADAKKEL STANDING COUNSEL SRI.R.S.KALKURA FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------------ W.P(C). No.27039 of 2009 ------------------------------------- Dated this the 25th day of September, 2009 JUDGMENT The petitioner is aggrieved by Exts.P3 and P5 notices issued under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002, (for short `the SARFAESI Act’). The petitioner had availed a loan to the tune of Rs.1,80,000/- from the 4th respondent bank for starting a dairy unit. According to the petitioner due to various calamities, the dairy farm could not be continued and as a consequence repayment in the loan account fell into heavy arrears. Now the Bank had initiated steps against the secured assets and notice, as evidenced by Ext.P5 under Section 13(2) of the SARFAESI Act, has already been issued. According to the petitioner, the arrears under the loan account is liable to be written off under the provisions of the Kerala Farmer's Debt Relief Commission Act, 2006 and the scheme formulated therein, and also under the scheme formulated by the Central Government for agricultural debt W.P(C). No.27039 of 2009 2 relief. It is also stated that he had already submitted an application before the Kerala Agricultural Debts Relief Commission, which has not yet been considered. 2. Heard the learned Standing Counsel for respondent Nos.3 and 4. It is submitted that if the petitioner approaches the Bank, with a request to consider settlement of the loan account under the scheme for debt relief, formulated by the Central Government or under the provisions of the Kerala Farmer's Debt Relief Commission Act, the Bank will consider the same. It is further submitted that at the level of the Bank there is a grievance redressal committee constituted for looking into such matters. 3. Under these circumstances, this Writ Petition is disposed of directing the petitioner to submit a detailed representation claiming eligibility for allowing debts relief, before the competent authority of the respondent Bank, within a period of 2 weeks from today. Respondent Nos.3 and 4 are directed to consider such representation if received within the stipulated time, and to take a final decision thereof, after W.P(C). No.27039 of 2009 3 affording an opportunity of hearing to the petitioner, as early as possible. The respondents are directed to keep in abeyance all further steps for recovery of the amount due under the loan account, initiated pursuant to notices issued under Exts.P3 and P5, till a decision is taken in this regard, and the same being communicated to the respondent. C.K.ABDUL REHIM JUDGE rtr/-