IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WA.No. 2328 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22230/2009 Dated 06/08/2009 .................... APPELLANT(S): PETITIONER ------------------------ SUBHASH, S/O. PAZHANIMALA, MANGADU, TATTAMANGALAM. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENT(S): RESPONDENTS -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. NABARD, PONNIAM ROAD, P.B.NO.5613, STATUE, THIRUVANANTHAPURAM-695 039, REPRESENTED BY ITS GENERAL MANAGER. 4. THE TATTAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.P.502, P.O.TATTAMANGALAM-678 102, REPRESENTED BY ITS SECRETARY. 5. THE GRIEVANCE REDRESSAL OFFICER, TATTAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.P. 502, P.O.TATTAMANGALAM-678 102. 6. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LIMITED, PALAKKAD, REPRESENTED BY ITS GENERAL MANAGER. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.M.P.ASHOK KUMAR FOR R6 SRI.GEORGE POONTHOTTAM FOR R4 & 5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 2328 of 2009 -------------------------------------------- Dated this the 29th day of October, 2010 JUDGMENT Ramachandran Nair, J. Appeal is filed against the judgment of the learned single Judge declining to direct respondents to waive the loan availed by the appellant from the fourth respondent-Bank under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. We have heard counsel appearing for the appellant and standing counsel appearing for the fourth respondent. 2. Even though the learned single Judge has rejected the WPC for the reason that appellant after renewing the loan on 16.10.2008 cannot avail of the benefit of waiver of loan under the scheme, still we considered the claim on merits. Counsel for the fourth respondent submitted that waiver provided is only for loans upto Rs. 1 lakh and the loan availed by the petitioner is for Rs. 1.65 lakhs. Secondly long terms loans are not entitled to waiver and short-term loans of 18 months are eligible for benefit, whereas the loan availed by the WA 2328/2009 2 appellant is repayable in 60 months. Consequently we find no merit in the Writ Appeal and the same is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WA 2328/2009 3