IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 8609 of 2010(A) --------------------------------- PETITIONER(S): ------------------- K.R.RAJANKUTTY, AGED 38 YEARS, S/O.RAGHAVAN, KAKKANATT HOUSE, KAMBAMMEDU, KARUNAPURAM, IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): --------------------- 1. THE HOUSING CO-OPERATIVE SOCIETY LTD. NO.K.368, NEDUMKANDAM P.O., NEDUMKANDAM, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, HOUSING CO-OPERATIVE SOCIETY LTD.NO.K.368, NEDUMKANDAM P.O., NEDUMKANDAM, IDUKKI DISTRICT. 3. SENIOR INSPECTOR OF CO-OPERATIVE SOCIETY, ARBITRATOR-CUM-SPECIAL SALE OFFICER, KERALA STATE CO-OP.HOUSING FEDERATION, KALOOR, ERNAKULAM, KOCHI- 682 017. R1,2 BY ADV. SRI.JOICE GEORGE R3 BY GOVT. PLEADER SMT. C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 8609/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER, APP. NO.0210/07 (ID) DATED 22/06/2007 OF THE KERALA STATE FARMERS' DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM. P2(a):COPY OF THE RECEIPT SHOWING THE REMITTANCE OF RS.10,000/- ON 03/09/2007. P2(b):COPY OF THE RECEIPT SHOWING THE REMITTNCE OF RS.10,000/- ON 02/10/2007. P2(c):COPY OF THE RECEIPT SHOWING THE REMITTANCE OF RS,.10,000/- ON 31/12/2007. P3: COPY OF THE FINAL ORDER DATED 17/04/2008 ISSUED BY THE KERALA STATE FARMERS' DEBT RELIEF COMMISSION. THIRUVANANTHAPURAM. P4: COPY OF THE SALE LETTER DATED 03/02/2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P5: COPY OF THE REPRESENTATION DATED 08/03/2010 SUBMITTED BY THE PETITIONER TOT HE 1ST RESPONDENT SOCIETY. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K. ABDUL REHIM,J. ------------------------------------------------- W.P.(c) No. 8609 OF 2010 ------------------------------------------------- DATED THIS THE 9th DAY OF NOVEMBER, 2011 J U D G M E N T The petitioner is a person who had availed a Housing loan from the 1st respondent society, during the year 1998. Consequent to default committed in re-payment, recovery steps were initiated by the 3rd respondent on the basis of award passed by the Arbitrator. The petitioner approached the Kerala State Farmers' Debt Relief Commission and obtained an interim order as per Ext.P1, subject to of condition deposit of a sum of Rs.40,000/- in three installments. It is stated that the petitioner had complied with the condition imposed. Ultimately the said Commission had disposed of the application as per Ext.P3, permitting the applicant to approach the 1st respondent society claiming benefits under the Debt Relief Scheme, 2008 formulated by the Central Government. The Commission found that there is no reason to initiate any conciliation in terms of Section 9 of the Kerala Farmers' Debt Relief Act, 2006. 2. On the basis of the directions contained in Ext.P3, the petitioner had approached the 1st respondent. Exhibit P5 is the representation submitted in this regard. Since the request of the W.P.(c) No. 8609/2010 -2- petitioner for waiver of amounts as contemplated under the Central Government Debt Relief Scheme, 2008 was not been considered and since steps for sale of the immoveable property has been initiated as per Ext.P4, this writ petition is filed. 3. In the counter affidavit filed by the 1st respondent various contentions are raised to the effect that, the petitioner is not eligible for any waiver under the Debt Relief Scheme in question. But before going into the merits of those contention, I notice that no formal decision has been taken by the 1st respondent in compliance with the directions contained in Ext.P3, on the basis of Ext.P5 representation. It is only obligatory on the part of the 1st respondent to consider the request of the petitioner for waiver of liability under the Agricultural Debt Relief Scheme, 2008 formulated by the Central Government, after affording a proper opportunity to the petitioner to represent his case, and to take a decision thereof. I am of the view that the interest of justice would be served if a direction is given to the 1st respondent to that effect. Needless to say that recovery steps need be kept in abeyance till such decision is taken. 4. Therefore, this writ petition is disposed of directing the 1st respondent to consider Ext.P5 claim of the petitioner to allow W.P.(c) No. 8609/2010 -3- waiver in terms of Agricultural Debt Relief Scheme, 2008, formulated by the Central Government, after affording an opportunity of personal hearing to the petitioner, and to take a decision thereof containing proper reasoning in writing. It is left open to the petitioner to substantiate his claim through any evidence available. 5. The needful in this regard shall be done as expeditiously as possible, at any rate, within 2 months from the date of receipt of a copy of this judgment. 6. It is further directed that the 1st respondent shall keep in abeyance all further steps for recovery or sale which initiated pursuant to Ext.P4, till a decision is taken in the matter as directed above. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge