IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 34343 of 2008(L) -------------------------- PETITIONER(S): ------------------ SHINOY GEORGE ALIAS GEORGE THOMAS, S/O.ANTONY GEORGE, VETTICKATTU, MYSORE MALA, MUKKOM, KOZHIKODE. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): ------------------- 1. COMPLAINT REDRESSAL OFFICER, CANARA BANK, WEST HILL, NADAKAVU P.O. CALICUT - 673 011. 2. CANARA BANK, MUKKOM BRANCH, REP. BY ITS MANAGER, MUKKOM, KOZHIKODE. 3. RESERVE BANK OF INDIA REP. BY ITS DEPUTY GOVERNOR, RESERVE BANK OF INDIA, NEW DELHI. 4. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF FINANCE, PARLIAMENT HOUSE, NEW DELHI. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.P.GOPINATH MENON, SC, CANARA BANK FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 34343 OF 2008 (L) ===================== Dated this the 6th day of April, 2009 J U D G M E N T Petitioner submits that he is the owner of 1.75 Ares of agricultural land. It is stated that he has availed Kissan Credit Card with a sanctioned credit facility upto to Rs.2 lakhs as per Ext.P1. While so, Ext.P2 Agricultural Debt Waiter and Debt Relief Scheme, 2008 was introduced. 2. In terms of the scheme, the Bank published a list, in which the petitioner's name was also included. Though an amount of Rs.2,12,112/- was shown as outstanding, as per the list, petitioner was stated to be eligible for waiver of only Rs.1,09,832/-. The claim of the petitioner is that in view of the provisions in Ext.P2 scheme, he is eligible for the waiver of the whole amount. 3. It is stated that the Bank thereafter issued Ext.P4 letter informing him that the benefit available to the petitioner is limited to Rs.1 lakh plus interest. It is in these circumstances, the writ petition has been filed seeking to direct the respondent to extend him the benefit of the scheme and to waive the WPC 34343/08 :2 : amount in full. 4. The respondents has filed a statement and has produced the circulars issued by the Bank clarifying Ext.P2 scheme. Though they accept that the loan availed of by the petitioner is classified under Short Term Production loan, it is stated that for Short Term Production loan also, the maximum permissible limit of waiver is Rs.1 lakh and interest thereof. 5. Prima facie, it would appear that the said submission is incorrect. A reading of the relevant provisions of the scheme and the clarification shows that Short Term Production Loan will include Working Capital Loan upto Rs.1 lakh and the limit of eligibility for waiver to Rs. 1 lakh applies only to Working Capital Loans and not to Short Term Production Loans. 6. On the other hand, respondents have proceeded on the assumption that the limit of Rs.1 lakh applies to both Short Term Production loan and the Working Capital loan. Therefore, I am satisfied that the matter needs to be reconsidered in the light of the various provisions of the scheme and the clarifications issued. Therefore, I dispose of this writ petition quashing Ext.P4 and WPC 34343/08 :3 : directing the 1st respondent to consider the matter afresh in the light of the scheme and the clarifications issued and pass orders thereon. This shall be done, as expeditiously as possible, with notice to the parties, at any rate, within 6 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp