IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 36787 of 2008(D) -------------------------- PETITIONER(S): --------------- 1. T.A.VISWANATHAN, S/O.ANDI EZHUTHACHAN, PUTHEN VEEDU, NAVUKODE, THATHAMANGALAM. 2. AMMINI, W/O.LATE KRISHNAN, PERUMPALLOM, THATHAMANGALAM. 3. AMMINI, NOMINEE OF LATE KRISHNAN, PERUMPALLOM, THATHAMANGALAM. 4. T.A.PRASAD, S/O.ANANTHA NARAYANAN, CHALA ROAD, THATHAMANGALAM-678 102. 5. THULASSIDAS, S/O SUKUMARAN,VAVUKODEKALAM THATHAMANGALAM. BY ADV. SRI.S.EASWARAN MR.P.MURALEEDHARAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, CENTRAL SECRETARIAT NEW DELHI. 2. STATE OF KERALA,REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. NABARD, THIRUVANANTHAPURAM. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 5. THE TATHAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO.P 502, P.O.TATHAMANGALAM-678102, REPRESENTED BY ITS SECRETARY. WPC NO.36787/2008 6. THE GRIEVANCE REDRESSAL OFFICER, THATHAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO.P 502,P.O.TATHAMANGALAM-678102. 7. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LIMITED, PALAKKAD, REPRESENTED BY ITS GENERAL MANAGER. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL SRI.GEORGE POONTHOTTAM FOR R5,6 SRI.M.P.ASHOK KUMAR FOR R7 MR.K.S.MOHAMMED HASHIM, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36787/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF APPLICATION DATED 03/03/2003 SUBMITTED BY 1ST PETITIONER. P2 : COPY OF APPLICATION DATED 21/11/2002 SUBMITTED BY 2ND PETITIONER. P3 : COPY OF APPLICATION DATED 26/11/2002 SUBMITTED BY 3RD PETITIONER. P4 : COPY OF APPLICATION DATED 16/10/2006 SUBMITTED BY 4TH PETITIONER. P5 : COPY OF APPLICATION DATED 01/01/2001 SUBMITTED BY 5TH PETITIONER. P6 : COPY OF AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008 ISSUED BY R1. P7 : COPY OF CIRCULAR NO.C.G.(2)12024/2008 DATED 05/06/2008 ISSUED BY R4. P8 : COPY OF PROCEEDINGS NO.L.A.B/AGRICULTURAL RELIEF 2008/2008-09 DATED 21/06/2008 ISSUED BY R7. P9 : COPY OF LETTER IN MALAYALAM OF THE HONOURABLE PRIME MINISTER OF INDIA AND SERVED ON 1ST PETITIONER. P10(a) : COPY OF APPLICATION DATED 29/07/2008 SUBMITTED BY 1ST PETITIONER BEFORE R6. P10(b) : COPY OF APPLICATION DATED 22/07/2008 SUBMITTED BY 2ND PETITIONER BEFORE R6. P10(c) : COPY OF APPLICATION DATED 18/07/2008 SUBMITTED BY 3RD PETITIONER BEFORE R6. P10(d) : COPY OF APPLICATION DATED 28/07/2008 SUBMITTED BY 4TH PETITIONER BEFORE R6. P10(e) : COPY OF APPLICATION DATED 26/07/2008 SUBMITTED BY 5TH PETITIONER BEFORE R6. P11(a) : COPY OF ORDER DATED NIL ISSUED BY R6 REJECTING THE APPLICATION OF 1ST PETITIONER. P11(b) : COPY OF ORDER DATED NIL ISSUED BY R6 REJECTING THE APPLICATION OF 2ND PETITIONER. P11(c) : COPY OF ORDER DATED NIL ISSUED BY R6 REJECTING THE APPLICATION OF 3RD PETITIONER. P11(d) : COPY OF ORDER DATED NIL ISSUED BY R6 REJECTING THE APPLICATION OF 4TH PETITIONER. P11(e) : COPY OF ORDER DATED NIL ISSUED BY R6 REJECTING THE APPLICATION OF 5TH PETITIONER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.36787 of 2008 --------------------------------- Dated, this the 10th day of August, 2009 J U D G M E N T The petitioners submit that by Exts.P1 to P5, they had availed of loans for different purposes. It is stated that these loans are eligible for the benefit of waiver as contemplated in Ext.P6, the Agricultural Debt Waiver and Debt Relief Scheme, 2008. However, the applications made by the petitioners for availing of the benefit of Ext.P6 Scheme have been rejected by Ext.P11 series of orders issued by the Grievance Redressal Officer. These orders are one line orders to the effect that the loans availed of by the petitioners are not covered by Ext.P6 Scheme. It is thereupon that this writ petition is filed challenging Ext.P11 series of orders and for a direction to the respondents to extend them the benefit of Ext.P6 Scheme referred to above. 2. I heard the learned counsel appearing for the respondent Bank also. 3. Exts.P1 to P5 are the loan applications made by the petitioners which show that the purposes shown in Exts.P1 to P3 are agricultural. In Exts.P4 purposes shown are milk vending and WP(C) No.36787/2008 -2- digging of well, and the purposes in Ext.P5 are milk vending and poultry. Primafacie, digging of well and poultry are covered by Ext.P6 Scheme. Therefore, rejection of the requests for the benefit of Ext.P6 Scheme as per Ext.P11 series of orders does not appear to be correct. The 6th respondent necessarily, should have considered the eligibility of the petitioners to avail of the benefit of Ext.P6 Scheme with reference to the purposes for which the loans have been availed of, and the various clauses of Ext.P6 providing for eligibility of waiver. This having not been done by the Grievance Redressal Officer, I quash Ext.P11 series of orders and direct the 6th respondent to reconsider the applications made by the petitioners for the benefit of Ext.P6 Scheme. 4. The learned counsel for the petitioners points out that in so far as the 5th petitioner is concerned, recovery proceedings have been initiated against him. Taking into account the fact that the matter is directed to be reconsidered, it is directed that recovery in so far as the 5th petitioner is concerned will be deferred till a decision is taken as directed above. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg