IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 36483 of 2008(R) -------------------------- PETITIONER(S): -------------------- C.M.MOHAMMED ,AGED 56 YEARS S/O.MAIDEEN, CHEERANAMKUDI HOUSE IRAPURAM VILLAGE, IRAPURAM KARA, KUNNATHUNADU TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): ---------------------- 1. THE MANAGER,FEDERAL BANK LTD. BRANCH KEEZHILLAM, MANNUR, P.O.KEEZHILLAM. 2. THE UNION OF INDIA REPRESENTED BY THE SECRETARY , MINISTRY OF FINANCE, NEW DELHI. 3. THE TALUK TAHSILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR. 4. THE DISTRICT COLLECTOR ERNAKULAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 SRI.A.ANTONY FOR R1 SMT.LEELAMMA ANTONY FOR R1 GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 36483 OF 2008 (R) ==================== Dated this the 14th day of January, 2009 J U D G M E N T Petitioner seeks an order directing respondents 1 and 2 to extend him the benefit of total waiver of his liability to the 1st respondent Bank, by enlisting him in the category of small farmers. 2. Ext.P2 is the Agricultural Debt Waiver and Debt Relief Scheme, 2008, which categorizes farmers into three categories viz., marginal farmer, small farmer and other farmer. In terms of the scheme, 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 and the petitioner claimed the benefit provided for small farmers. Learned counsel for the petitioner relies on Ext.P6 certificate issued by the Village Officer to the effect that the petitioner was cultivating only 1.56 hectares of land. It is on this basis that the stand taken by the respondent Bank that the petitioner is not a small farmer is sought to be challenged. Counsel contends that for the purpose of Ext.P2 scheme, what is relevant is the extent of land under cultivation and not the extent declared in the loan application made to the Bank. 3. An affidavit has been filed by the 1st respondent. The 1st WPC 36483/08 :2 : respondent has produced as Ext.R1(a), the loan application made by the petitioner, in which the petitioner has declared the extent of land under cultivation as 3.608 hectares. The Bank has also produced as Ext.R1(b), (c) and (d) affidavits filed by the owners of the land confirming that the lands mentioned therein has been leased out to the petitioner. It is on the basis of the above application made by the petitioner and the documents produced in support thereof, that the Bank contends that the petitioner was cultivating 3.608 hectares of land and therefore is not a small farmer in terms of Ext.P2 scheme. Bank has also expressed strong reservations about the correctness of Ext.P6 certificate relied on by the petitioner. 4. In this writ petition, for resolving the controversy raised, I do not think it necessary to pronounce on the acceptability or otherwise of Ext.P6. 5. As already noticed, the extent of land under cultivation declared by the petitioner in Ext.R1(a) application is 3.608 hectares. This extent also is seen substantiated by the affidavits of the respective land owners. It is on that basis, the Bank has extended financial assistance to the petitioner. Therefore, the eligibility of the petitioner for the benefit of Ext.P2 has to depend upon the extent of land for which he has availed of WPC 36483/08 :3 : financial assistance and not the extent that is claimed to be under actual cultivation by the farmer concerned. Otherwise it will lead to a situation where a person can defraud the Bank by making declarations as in this case, avail of the financial facility and again defraud the state by classifying himself as a small farmer or a marginal farmer and avail of the monetary benefits of beneficiary schemes in the nature of Ext.P2. I am not persuaded to accept the contentions raised. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp