IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1425 of 2008(T) ------------------------- PETITIONER: ------------------- K.K.MAMMOOTY, KOLANGARATHU HOUSE, KOITHAKANDY, VARAMBETTA P.O., WAYANAD DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SMT.SMITHA GEORGE RESPONDENTS: ----------------------- 1. THE RECOVERY OFFICER, VYTHIRI PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., KALPETTA, WAYANAD. 2. THE SECRETARY, VYTHIRI PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., KALPETTA, WAYANAD. R1 BY GP SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.1425 of 2008 ================================== Dated this the 11th day of January, 2008. JUDGMENT Learned Government Pleader appears for the first respondent. Having regard to the nature of the directions being issued hereunder, notice to the second respondent is dispensed with, preserving his liberty to move for review of this judgment, if aggrieved. 2. Petitioner availed a facility from the second respondent, a Primary Co-operative Agricultural and Rural Development Bank for the purpose of a vehicle to move agricultural produce. He was given the benefit of the Wayanad Package Scheme which is stated to be one extended on the ground of certain drought and other related situations. After he enjoyed that benefit, the Kerala State WPC1425/2008 -:2:- Agricultural Development Bank appears to have acted on the question with the junction of the Directors of the State Government leading to the issuance of Ext.P1 by the second respondent requiring the petitioner to pay back whatever benefit he has obtained under the Scheme. Thus, going by Ext.P1, the loan availed by the petitioner could not be brought within the cover of the Wayanad Package Scheme. Duty bound as they are, the respondents cannot, but, recover the amounts that the petitioner has to pay if Ext.P1 stands. Any relief to the petitioner would follow only from State Government or from the Apex Bank which has issued directions on the basis of which Ext.P1 had been issued. Under such circumstances, this writ petition is disposed of directing that the impugned action will stand suspended for a WPC1425/2008 -:3:- period of one month to facilitate the petitioner to move either the State Government or the Apex Bank referred to in Ext.P1 for relief, if any, in accordance with law. Thottathil B.Radhakrishnan, Judge. sl.