IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 16895 of 2009(F) -------------------------- PETITIONER(S): --------------- BEEFATHIMMA, W/O.B.K.MOHAMMED KUNHI, AGED 65 YEARS, SIDDIQUE MANZIL, BOVIKANAM P.O., KASARAGOD DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): --------------- 1. THE SENIOR INSPECTOR-CUM-SALES OFFICER, KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL CO-OPERATIVE BANK LIMITED, KASARAGOD. 2. KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL CO-OPERATIVE BANK LIMITED, KASARAGOD. REPRESENTED BY ITS SECRETARY. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16895 of 2009 --------------------------------- Dated, this the 23rd day of June, 2009 J U D G M E N T The petitioner had availed of five loans aggregating to Rs.5 lakhs from the 2nd respondent during the year 1997-98 offering security of 3.46 acres of land. According to the petitioner, she has repaid Rs.3.8 lakhs and during June, 2008, she got waiver of Rs.3.25 lakhs. It is stated that despite all this, in pursuance to an award that was passed, the Bank has initiated execution proceedings for realising Rs.8,53,884/-. Proceedings have reached the stage of the sale of the mortgaged property, which is scheduled to take place on 26/06/2007. Ext.P1 is the sale proclamation and Ext.P2 is the paper notification published by the Bank. It is at this stage, the writ petition is filed by the petitioner claiming mainly that she is entitled to the benefit of Ext.P3, the Agricultural Debt Waiver and Debt Relief Scheme, 2008. 2. I heard the learned counsel for the respondent Bank, who submits that as at present, the total liability of the petitioner is over WP(C) No.16895/2009 -2- Rs.8,66,184/-. It is stated that the petitioner is a chronic defaulter and therefore the Bank had no option but to initiate proceeding against the mortgaged property for realising its dues. As already stated, proceedings have reached at the sale of the mortgaged properties, which is scheduled to take place on 26/06/2009, it is at this belated stage, the petitioner approached this Court. 3. However, having regard to the claim of the petitioner that she is entitled to the benefit of Ext.P3 Scheme, that is a matter to be considered by the Bank on the petitioner making an appropriate application in this behalf. 4. Therefore, this writ petition is disposed of with the following directions:- That it will be open to the petitioner to approach the 2nd respondent Bank by claiming the benefit of Ext.P3 Scheme, in which event the request made in that behalf shall be considered on merits. In the meanwhile, the sale scheduled pursuant to Ext.P1 sale notice will stand deferred on the petitioner remitting 1/4th of the amount due in two equal instalments. The first instalment should be paid on or before 26/06/2009, when the sale is scheduled to take place, and WP(C) No.16895/2009 -3- the next on or before 26/07/2009. Subject to such payment, the sale scheduled pursuant to Ext.P1 will be deferred until a decision on the application to be made by the petitioner for the benefit of Ext.P3 Scheme is considered. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg