IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17033 of 2011(D) -------------------------- PETITIONER(S): ----------------------- K.N.VIBHAKARAN, KALLEPPALLIL, KOSSADY, MADUKKA.P.O., MUNDAKKAYAM. BY ADV. SMT.SREEDEVI KYLASANATH SMT.SHALEENA RAJAN RESPONDENT(S): ------------------------- 1. THE SECRETARY TO GOVERNMENT, SC/ST DEVELOPMENT (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. THE SECRETARY, SERVICE CO-OPERATIVE BANK LTD., KORUTHODE, KANJIRAPPALLY. 686 502. GOVT.PLEADER SRI.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17033/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF GOVERNMENT ORDER IMPLEMENTING SCHEME FOR WRITING OFF THE LOAN AVAILED BY SC/ST AND CONVERTED CHRISTIANS. EXT.P2: TRUE COPY OF GO(MS) NO.78/09/F&PD TVM. DT 15.12.2009. EXT.P2(a): TRUE COPY OF GO(MS) 9/10/F&PD DT 24.2.2010. EXT.P3: TRUE COPY OF THE SUMMONS DT 5.5.2011 RECEIVED FROM THE OFFICE OF THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANJIRAPPALLY. EXT.P3(a): TRUE COPY OF PETITION SUBMITTED BEFORE THE CIRCLE OFFICER, CO-OPERATIVE SOCIEITES, KANJIRAPPALLY. EXT.P4: TRUE COPY OF THE DIVISION BENCH JUDGMENT DT 26TH JULY, 2010 IN WPC 22760/10. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 14.6.2011 SUBMITTED BEFORE 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE JUDGMENT DT 9.3.2011 IN WPC 7344/2011 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17033 OF 2011 (D) ===================== Dated this the 27th day of June, 2011 J U D G M E N T Petitioner has availed of a loan of `1,00,000/- from the 3rd respondent Co-operative Society. According to the petitioner, he belongs to the Hindu Mala Arayan, a Scheduled tribe Community. It is stated that but for the cut off date prescribed in Ext.P1 Government Order dated 12/11/2009, he is entitled to the benefit of waiver of the liability to the extent mentioned therein. Referring to Ext.P6 judgment of this Court in WP(C) No.7344/11, counsel submits that the cut off date in Ext.P1 Government Order cannot stand in his way and that he is liable to the be extended the benefit of Ext.P1. 2. It is seen that urging the aforesaid claim of the petitioner, he has filed Ext.P5 representation before the 1st respondent. In this writ petition, what is sought for by the petitioner is a direction to the 1st respondent to consider and pass orders on Ext.P5 representation in the light of Ext.P1 Government Order and Ext.P6 judgment. 3. If as stated by the petitioner, he belongs to a WPC No. 17033/11 :2 : scheduled tribe and is otherwise eligible for the benefit of Ext.P1 Government Order, in view of Ext.P6 judgment, prima facie, the cut off date cannot operate against the petitioner. 4. Be that as it may, since as at present Ext.P5 representation is pending before the 1st respondent, without expressing anything on the merits, the writ petition is disposed of with the following directions:- (1) That the 1st respondent will consider and pass orders on Ext.P5 representation with notice to the petitioner and the 3rd respondent. This the 1st respondent shall do, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. (2) It is directed that in the meanwhile, even if any proceedings is initiated for recovery of the liability, the same shall not be pursued for recovery of an amount of `25,000/-. (3) Petitioner shall produce a copy of this judgment along with a copy of this writ petition before respondents 1 and 3 for compliance. ANTONY DOMINIC, JUDGE Rp