IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 33965 of 2008(R) -------------------------- PETITIONER(S): --------------- WILLIAM YESUDAS P.T. S/O. PETER THOMAS, POONGANTHURAI VADAKARAPATHY VILLAGE,ATTAYAMPATHY P.O. CHITTUR, PALAKAD DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. THE DIVISIONAL MANAGER CANARA BANK, REGIONAL OFFICE,PALAKKAD. 2. THE MANAGER CANARA BANK, VADAKARAPATHY BRANCH VELANTHAVALAM,CHITTUR, PALAKKAD. BY SC SRI.GOPINATHA MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).33965/2008 -------------------- Dated this the 1st day of December, 2008 JUDGMENT Petitioner availed a loan for an amount of Rs.50,000/- under the Kissan Credit Card from the Canara Bank. According to the petitioner, he was only holding an extent of 1.6296 Hectors of land at the time of availing the loan. When there was default in the re-payment of the loan, he claimed the benefit under a Scheme by name “The agricultural Debt Waiver and Debt Relief Scheme, 2008” issued by the Reserve Bank of India, produced as Ext.P4. Petitioner filed Ext.P5 representation claiming the benefit of the Scheme, affirming that he is a small farmer holding only 4.03 Acres of land. According to the petitioner, he is entitled to waiver of benefit under Ext.P4 treating him as a small farmer as defined under clause 3.6 of Ext.P4. He has been considered as a farmer under clause 3.7 on the premise that he was holding more than 5 acres of land and it is accordingly, that Ext.P8 communication has been issued, restricting the W.P.(C).33965/2008 2 petitioner’s eligibility to a waiver of a sum of Rs.20,000/-. This has been challenged in this writ petition. 2. I heard learned counsel for the respondent also. If the petitioner is a small farmer in the sense that he was holding only less than 5 Acres of land at the time of availing the loan, he is entitled to the benefit due to small farmers in terms of Ext.P4 scheme. That aspect does not seem to have been considered by the competent authority. 3. Learned counsel for the Bank submits that there is Grievance Redressal Officer in the Bank who will look into the petitioner’s claim and take a suitable decision and forward appropriate recommendations in terms of Ext.P4. 4. Accordingly, writ petition is disposed of directing the petitioner to approach the Grievance Redressal W.P.(C).33965/2008 3 Officer of the Canara Bank within three weeks from today. There upon, the said Officer shall consider the petitioner’s claim that he was holding only less than 5 Acres of land. Thereafter, if he is eligible to be treated as small farmer within the meaning of clause 3.6 of Ext.P4 scheme, then a fresh decision, on the petitioner’s eligibility and quantum of relief that he is entitled to in terms of Ext.P4, shall be taken within two months from the date of receipt of a copy of this judgment, after hearing the petitioner. V.GIRI, Judge mrcs