IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 18071 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. TELO,S/O.ANANDASUBRAMANYAN, ANANTHAPURAM,PARAYAKAD P.O.,THURAVOOR, CHERTHALA,ALLEPPEY DISTRICT. 2. SHIL,S/O.ANANDASUBRAMANYAN, ANANTHAPURAM,PARAYAKAD P.O.,THURAVOOR,CHERTHALA. 3. VIMALA,W/O.ANANDASUBRAMANYAN, ANANTHAPURAM,PARAYAKAD P.O.,THURAVOOR,CHERTHALA. 4. THANKARAJ,S/O.VASU,THAZHCHAYIL HOUSE, PARAYAKAD P.O.,CHERTHALA. BY ADV. SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): --------------- 1. UNION OF INDIA,REP.BY THE SECRETARY, MINISTRY OF FINANCE,GOVERNMENT OF INDIA,NEW DELHI. 2. THE CHIEF GENERAL MANAGER, THE NATIONAL BANK FOR AGRICULTURE & RURAL DEVELOPMENT (NABARD),KERALA REGIONAL OFFICE, PUNNOM ROAD,TRIVANDRUM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,ALLEPPEY. 4. THE SENIOR BRANCH MANAGER, ALLEPPEY DISTRICT CO-OPERATIVE BANK, CHERTHALA BRANCH. 5. THE PRAYAKAD SERVICE CO-OPERATIVE BANK LTD.NO.2869,PARAYAKAD P.O.,THURAVOOR, CHERTHALA,ALLEPPEY(DISTRICT),REP.BY THE SECRETARY. BY ASG SRI. P. PARAMESWARA NAIR. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR BY SC FOR BANK SRI P.K. VIJAYA MOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.18071 OF 2009 ------------------------ Dated this the 29th day of June, 2009. JUDGMENT Petitioners submit that mortgaging 3.35 acres of property belonging to the first respondent and others, they had availed of a loan of Rs.50,000/- each from the 5th respondent Bank. According to them, due to crop failure, repayments were defaulted. While so, the Central Government declared the Debt Waiver and Debt Relief Scheme, 2008. Petitioners submit that going by the classifications made in the scheme, they fall under the category of small farmers entitled to complete waiver of their liability. They claimed the benefit by making applications to the Bank. But however, the Bank did not include them in the list prepared. Thereupon they moved the 4th respondent by filing Ext.P4 followed by Ext.P5 representations. The matter has not been decided by the 4th respondent so far. It was at this stage that the Bank WP(c).No.18071/09 2 initiated Arbitration proceedings and has filed ARC.Nos.198 to 2001 of 2009 which are posted for hearing on 24.6.2009 and stands adjourned for hearing. It is at this stage this writ petition is filed claiming that they should get the benefit of the Debt Relief Scheme referred to above. 2. If as stated by the petitioner, they are eligible for the benefit of the scheme, there is no reason why the same shall not be extended. Now that the petitioners have approached the designated authority, namely the 4th respondent, complaining against their non-inclusion in the list prepared by the 5th respondent, it is for the 4th respondent to decide on the claim raised. This the 4th respondent shall do as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment, Petitioners shall produce a copy of the judgment along with a copy of this writ petition before the 4th respondent for compliance. vi (ANTONY DOMINIC) JUDGE