IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 19978 of 2011(V) -------------------------- PETITIONER(S): -------------------- AMINAKUTTY,W/O.CHULLIYAN MOHAMMED, ERANHI HOUSE,POST AYIKKARAPPADY, MALAPPURAM DIST BY ADV. SRI.R.RAMADAS RESPONDENT(S): ------------------------ 1. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE,CHERUKVAU ADB BRANCH,MALAPPURAM DIST PIN-676505 2. STATE BANK OF TRAVANCORE, CHERUKAVU ADB BRANCH, REP.BY ITS BRANCH MANAGER,CHERUKAVU, MALAPPURAM DISTRICT,PIN-676505 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, ERNAD, MANJERI, MALAPPURAM DISTRICT 676121 ADV. SRI.T.SETHUMADHAVAN FOR R1-2 SRI.PUSHPARAJAN KODOTH FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19978/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A true copy of the Agricultural debt Waiver and Debt Relief Scheme 2008 together with a covering letter dt 23.5.2008 issued by the Chief General Manager. EXT.P2: True copy of the notice dt 25.1.2010 through its lawyer to the petitioner by the 2nd respondent Bank. EXT.P3: True copy of the revenue recovery notice dt 17.6.11 issued by the 3rd respondent to the petitioner. EXT.P4: True copy of the representation dt 30.6.11 before the District Collector, Malappuram. EXT.P5: True copy of the representation dt 30.6.11 before the 1st respondent. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19978 OF 2011 ===================== Dated this the 26th day of August, 2011 J U D G M E N T Petitioner and her deceased husband Chulliyan Mohammed had availed of loans from the 2nd respondent Bank for `2,00,000/- and `5,00,000/-. After availing of the loan, her husband expired and though the petitioner continued remittances, default was committed. According to the petitioner, she is entitled to get the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 and that without granting her the benefit under the said scheme, recovery proceedings are now been initiated and that led the petitioner to file this writ petition. 2. By order dated 29/7/11, this Court also passed conditional order of status quo subject to the petitioner remitting an amount of `1,00,000/-. Counsel today submits that the said condition has been complied with, which is confirmed by the learned standing counsel also. 3. Learned standing counsel for the Bank also points out that the application of the petitioner is pending consideration of the Regional Office of the Bank and that a final decision in the WPC No. 19978/11 :2 : mater has not been taken. 4. Thus from the submissions made on behalf of the respondents, it is obvious that the request of the petitioner for the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 is engaging the attention of the respondents, and therefore, at this stage, the only order required is that an expeditious decision in the mater should be taken, and until then, status quo as of now should be maintained. 5. Therefore, I dispose of this writ petition with the following directions:- (1) That the Bank shall take a decision on the request of the petitioner for the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008. (2) Such decision shall be taken and communicated to the petitioner as expeditiously as possible. (3) In the meanwhile, subject to the petitioner remitting another sum of `1,00,000/- (Rupees One lakh only) within a month from today, status quo as on date in so far as the recovery shall be maintained. ANTONY DOMINIC, JUDGE Rp