IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 459 of 2009(D) ------------------------ PETITIONER(S): --------------- V.P.PRASAD, VELLARAMKUNNEL HOUSE, EDAVARAMBA, CHERUPUZHA. BY ADV. SRI.SUBHASH CYRIAC SRI.BIJU ABRAHAM (KAIPPANPLACKAL) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. SYNDICATE BANK, REPRESENTED BY CHAIRMAN MANIPAL. 3. THE BRANCH MANAGER, SYNDICATE BANK CHERUPUZHA BRANCH 4. THE GRIEVANCE REDRESSAL OFFICER SYNDICATE BANK., REGIONAL OFFICE, KANNUR. 5. PAREMESHWARAN, VELLARAMKUNNEL EDAVARAMBA, CHERUPUZHA. 6. JANARDHANAN NAIR ELAYIDATHUKUNNEL, KUMBANKUTH, CHERUPUZHA. ADV. SRI.R.S.KALKURA FOR R2-4 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.459 OF 2009 ------------------------ Dated this the 14th day of January, 2009. JUDGMENT Challenge in this writ Petition is against Exts.P3, P5 and P6 and the petitioner seeks a declaration that he is a small farmer as defined in terms of Ext.P2 scheme. 2. Ext.P2 scheme defines small farmer as one cultivating agricultured land of more than one hector and up to 2 hectors (5 acres). This claim of the petitioner has been turned down by Ext.P5 for the reason that the petitioner is cultivating more than the extent of land specified for the small farmers. This conclusion in Ext.P5 is fully supported by the entries in the loan application of the petitioner, which is a part of Ext.P5. In the application it is stated that the petitioner has 2.5. acres of own land and was in possession of 5.7 acres of land, on lease. If that be so, the petitioner does not come within the ambit of WP(c).No.459/2009 /2/ small farmers and hence the conclusion of the Bank cannot be assailed. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.459/2009 /2/