IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 26247 of 2011(E) -------------------------- OS.140/2011 of SUB COURT, MANJERI .................... PETITIONER(S): ----------------------- K. SUKUMARAN, D/O. DAMODARAN, KIZHAKKE PURAKKAL HOUSE, KORANGODE, ERANHIMANGAD.P.O, NILAMBUR,MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ------------------------ 1. THE SOUTH MALABAR GRAMIN BANK, ERANHIMANGAD BRANCH, MALAPPURAM DISTRICT, PIN - 679 343, REPRESENTED BY ITS MANAGER. 2. THE GENERAL MANAGER, THE SOUTH MALABAR GRAMIN BANK, HEAD OFFICE, MALAPPURAM DISTRICT - 676 505. SRI.T.R.RAVI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26247/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT-P1- TRUE COPY OF THE PLAINT IN O.S NO. 140 OF 2011 DATED 22/05/2011 FILED BY THE FIRST RESPONDENT BEFORE THE SUB COURT, MANJERI AGAINST THE PETITIONER. EXHIBIT—P2-TRUE COPY OF THE WRITTEN STATEMENT DATED 11/07/2011 FILED BY THE PETITIONER IN EXHIBIT-P1 PLAINT. EXHIBIT-P3- TRUE COPY OF THE REPRESENTATION DATED 28/07/2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 26247 OF 2011 ===================== Dated this the 13th day of October, 2011 J U D G M E N T Petitioner had availed of a loan from the 1st respondent Bank. Default was committed and he had applied for the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008. Orders were not passed on the application. While so, the Bank instituted OS No.140/2011 before the Sub Court, Manjeri for recovery of the dues from the petitioner. It was thereupon that this writ petition is filed claiming the benefit of the scheme. 2. Standing counsel appearing for the Bank submits that the petitioner is not eligible for the benefit of the scheme and it was therefore that waiver was not granted as sought for. However, counsel fairly concedes that no order on Ext.P3 application made by the petitioner was conveyed to him. In that view of the matter, I dispose of this writ petition directing that the Bank shall pass orders on Ext.P3 and convey the same to the petitioner so that he can work out his remedies WPC No. 26247/11 :2 : before the appropriate forum. This the Bank shall do at any rate within 2 weeks of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp