IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 26402 of 2009(U) -------------------------- PETITIONER(S): --------------- A.J.JOSEPH, ARUKALIL HOUSE, KADALIKKADU, MUVATTUPUZHA. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): --------------- 1. THE MANAGER, CANARA BANK, THODUPUZHA BRANCH, THODUPUZHA P.O., IDUKKI DIST. 2. THE GRIEVANCE REDRESSAL OFFICER, UNDER THE DEBT WAVERING SCHEME DECLARED BY THE CENTRAL GOVERNMENT, CANARA BANK, THODUPUZHA BRANCH, THODUPUZHA P.O., IDUKKI DISTRICT. 3. THE DEPUTY TAHSILDAR (RR), MUVATTUPUZHA. ADV. SRI.KODOTH SREEDHARAN FOR R1 SRI.V.B.HARI NARAYANAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.26402 OF 2009 ------------------------------ Dated this the 30th day of September, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against revenue recovery steps initiated pursuant to Ext.P4 notice. The petitioner had availed a loan from the 1st respondent Bank for agricultural purposes. Since repayment in the loan account was defaulted, at the instance of the Bank steps are now being pursued for recovery of the amount through proceedings under the Kerala Revenue Recovery Act. Contention of the petitioner is that as per the provisions contained in Ext.P1 Scheme formulated by the State Government providing debt relief with respect to agricultural loans, the petitioner is entitled for considerable waiver of interest. It is submitted that the petitioner had already approached the 2nd respondent who is the competent authority in the Bank, to consider such waiver. But the same was not considered and further steps are now being pursued, is the complaint. 2. Learned standing counsel appearing for the respondents on instructions submitted that, as per the provisions of Ext.P1 scheme the petitioner was eligible for waiver of 1/4th of the total amount if he would have remitted the balance 3/4th before 30.6.2009. But the petitioner had failed to remit the W.P.(C).26402/09-U 2 required sum. It is further submitted that under the revised norms declared by the Government, the time limit for remitting 3/4th sum by eligible farmers, has now been extended upto 31.12.2009. Therefore, the Bank had already intimated the petitioner that, if he is paying an amount of Rs.1,60,940/- and interest @ 12% from 1.7.2009, which being 3/4th of the arrears, the account can be closed after crediting the balance 1/4th as relief amount, on the basis of benefit extended under the scheme. It is also mentioned that the said amount is inclusive of an amount of Rs.20,000/- already remitted by the petitioner. Under such circumstances if the petitioner makes payment of the amount required by the Bank the loan account can be closed, is the submission on behalf of the Bank. 3. Learned counsel for petitioner contended that there is dispute with respect to correctness of the calculation regarding the balance outstanding because all payments were not given proper credit. In such case it is for the petitioner to approach the 1st respondent Bank for getting clarification regarding correctness of the accounts. 4. Having considered the facts and circumstances of the case, the petitioner is directed to approach the 1st respondent Bank within a period of two weeks from today for getting clarifications regarding the account settlement, and for enabling the benefits available under Ext.P1 Scheme, which now stands W.P.(C).26402/09-U 3 extended. If the petitioner is so approached the respondents will furnish a copy of statement of accounts and also intimate the final amount which he is liable to be remitted after effecting possible waiver under the Scheme. 5. It is noticed that as per the scheme the petitioner has got time for payment of the amount as per such settlement till 31.12.2009, on condition of remitting interest on the settled amount as per the norms. Therefore the petitioner shall work out remedies under the scheme as directed above and shall make payment of the amount within the time specified therein. In order to facilitate the petitioner to make payment of the amount under the scheme, coercive steps under the Revenue Recovery Act now initiated is directed to be kept in abeyance till final settlement of the account is effected under the provisions of the scheme, till 31.12.2009. 6. It is made clear that if the petitioner fails to avail the benefit of the scheme, as per the stipulations mentioned above, the benefit under this Judgment will stand recalled automatically, and the petitioner will be precluded from raising any further challenge against the steps for recovery. C.K.ABDUL REHIM, JUDGE. okb