IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 16682 of 2009(E) -------------------------- PETITIONER(S): --------------- GEORGE JOSEPH, THOOMPUNNAYIL HOUSE, KALKUNDU POST, KARUVARAKUNDU, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN SMT.K.R.SANGEETHA SMT.V.S.ARCHANA CHANDRAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, NEW DELHI. 2. THE BRANCH MANAGER, CANARA BANK, WANDOOR, MALAPPURAM DISTRICT. 3. THE GRIEVANCES REDRESSAL OFFICER, CANARA BANK, PERINTHALMANNA, MALAPPURAM. 4. THE ASSISTANT GENERAL MANAGER, RURAL PLANNING AND CREDIT DEPARTMENT, RESERVE BANK OF INDIA, BAKERY JUNCTION, P.B.NO.6507, THIRUVANANTHAPURAM. ADV. SRI.P.GOPINATH MENON, SC, CANARA BANK FOR R2 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.16682 of 2009 -------------------------- Dated this the 13th July,2009 J U D G M E N T Petitioner applied for and obtained an agricultural loan after mortgaging his land having an extent of 5 acres in 2000. Repayment was defaulted. Ultimately the petitioner applied for eligible concession under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. The bank has taken a stand that the petitioner is eligible to be treated as Other Farmer because he holds more than 2 hectares of land. Petitioner points out that his total holding is 5 acres and therefore he is entitled to be treated as small farmer. Clause 3.5, 3.6 and 3.7 are read as follows: “3.5 'Marginal Farmer' means a farmer cultivating (as owner or tenant or share cropper) agricultural land up to 1 hectare (2.5 acres). 3.6. 'Small Farmer' means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 1 hectare and up to 2 hectares (5 acres) & W.P ( C) No.16682 of 2009 2 3.7 'Other Farmer' means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 2 hectares ( more than 5 acres).” 2. The Bank has filed a statement refuting the contentions raised by the petitioner. 3. Heard Sri.Vinod Vallikappan, learned counsel for the petitioner and Sri.P.Gopinatha Menon, learned counsel for the Bank also. There is a lacuna in the classification of small farmer and other farmer, wherein, the extent of the land is treated as a basis for classifying the farmer as Small Farmer and Other Farmer, in as much as that if the extent of land under cultivation is up to 2 hecatres then the farmer is liable to be treated as Small Farmer and if the extent of land is more than 2 hectares, the farmer is liable to be treated Other Farmer. If the matter was left there, probably there would have been no confusion. But equivalent extent is also given in relation to both small farmer and other farmer and the petitioner holds an extent of 5 acres though converted into hectares it is 2.0235 hectares. W.P ( C) No.16682 of 2009 3 4. In these circumstances, I am of the view that the doubt which arises in relation to the clause in the scheme should be resolved by the competent authority of the Central Government. If the petitioner moves the Central Government invoking clause 13.1, 13.2 and 14 of the scheme, the same shall be resolved by the competent authority of the Government, if necessary after notice to him. Subject to the above, writ petition is disposed of. (V.GIRI,JUDGE) ma W.P ( C) No.16682 of 2009 4 W.P ( C) No.16682 of 2009 5