IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 28004 of 2004(H) -------------------------- PETITIONER: ------------ K. RAVEENDRAN, KUNDUMADOM HOUSE, VELLAYOOR AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.RAVINDRANATH SRI.H.SIVARAMAN RESPONDENTS: ------------- 1. THE ERNAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.4363, REPRESENTED BY ITS SECRETARY, KARUVAMBRAM, MANJERI-3. 2. THE BRANCH MANAGER, THE ERNAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.4363, NILAMBUR BRANCH, NILAMBUR. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM. 4. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, STATE OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI. N.N. SUGUNAPALAN R3 AND R4 GOVERNMENT PLEADER SRI. K.P. PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF SNOTICE ISSUED BY THE SALES TAX OFFICER DATED 11.4.2000 EXT.P2 TRUE COPY OF THE NOTICE DATED 16.7.2002 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF RECEIPT DATED 29.3.2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE NOTICE DATED 20.6.2003 PUBLISHED IN THE MATHRUBHOOMI DAILY DATED 23.6.2003 EXT.P5 TRUE COPY OF THE RECEIPT DATED 28.6.2003 ISSUED BY THE 2ND RESPONDENT EVIDENCING THE PAYMENT SO MADE BY THE PETITIONER. EXT.P6 TRUE COPY OF THE LETTER DATED 28.6.2003 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF REPRESENTATION DATED 18.7.2003 PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P8 TRUE COPY OF THE POSTAL RECEIPT DATED 18.7.2003 EXT.P9 TRUE COPY OF THE REPRESENTATION DATED 27.11.2003 PREFERRED BY THE PETITIONER TO THE SECRETARY TO GOVT. EXT.P10 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE INDIAN EXPRESS DAILY DATED 16.11.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 28004 OF 2004 -------------------------------------------- Dated this the 10th day of March, 2008 JUDGMENT C.N. Ramachandran Nair,J. Even though this W.P.C. is pending for the last four years, counter affidavit is not seen filed by the second respondent-Bank. Petitioner has availed agricultural loan against mortgage of property. According to the petitioner, petitioner has made payments and if OTS benefit is granted petitioner is only entitled to refund of substantial amount. Current budget provides for various incentives for agricultural loans and petitioner's loan appears to be coming within the limit. In any case, since petitioner has made substantial payments, we dispose of the Writ Petition with direction to the second respondent to recompute the liability under the OTS scheme relied on by the petitioner, that was in force at the time of filing of the W.P., adjust the payments made and grant eligible refund. Second respondent is directed to recompute the liability under OTS scheme and give a statement to the petitioner along 2 with eligible refund and also return the title deeds within a period of one month from the date of production of a copy of this judgment by the petitioner. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 3