IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 WP(C).No. 13355 of 2009(L) -------------------------- PETITIONER: --------------- AN MARY JOSEPH, D/O.JOSEPH, KURUVILANIKAL HOUSE, ACHIKANAM P.O., AMBALATHARA, HOSDURG. BY ADV. MR.SUBHASH CYRIAC RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO C-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, KASARAGODE. 3. THE SALE OFFICER CUM SENIOR INSPECTOR, HOSDURG PRIMARY CO-OPEARATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, C.390, P.O. KANHANGAD. 4. HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, C.390, KANHANGAD BRANCH REPRESENTED BY ITS MANAGER, KASARAGODE (DT). ADV.MR.V.G.ARUN, STANDING COUNSEL FOR R3 AND R4. SR. GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ----------------------------------- W.P.(C).No.13355 of 2009 - L --------------------------------- Dated this the 8th day of May, 2009 J U D G M E N T The petitioner is challenging Ext.P3 notice issued by the 3rd respondent/Sale Officer to recover the arrears in the loan account, availed by the petitioner from the 4th respondent/Bank. The contention of the petitioner is that he is entitled to the benefits provided under Ext.P5, the Agricultural Debt Waiver and Debt Relief Scheme, 2008. He had approached the bank with Ext.P4 request for settlement of the arrears in the loan account and for re-scheduling the repayments on the basis of Ext.P5 scheme. 2. Heard Adv.V.G.Arun, learned standing counsel for the 4th respondent. It is conceded that the recovery was initiated only because the petitioner had defaulted certain installments and the repayment period of the loan is not yet over. The learned counsel for the bank further submitted that if the petitioner is willing to regularise the defaulted installments, he can be allowed to continue payment of further installments as per W.P.(C).No.13355 of 2009 - L 2 the original schedule. Under the above circumstances, the writ petition is disposed of directing the petitioner to make payment of defaulted installments along with interest due thereon in two equal monthly installments, the first of which shall be paid on or before 2.6.2009 and the next before 2.7.2009. If the arrears in the loan account is regularised as above, all recovery steps shall be dropped and the petitioner should be permitted to continue repayment of the balance amount as per the original repayment schedule. It is made clear that the 4th respondent is at liberty to proceed with recovery steps without issuing further notice, if any of the installments as stated above is defaulted. The writ petition is disposed of accordingly. C.K.ABDUL REHIM, JUDGE. bkn/-