IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 16904 of 2009(G) -------------------------- PETITIONER(S): --------------- MARY GEORGE, NEDUMPAMPAKUDA HOUSE, PAMPAKUDA, ERNAKULAM. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. PAMPAKUDA SERVICE CO-OPERATIVE BANK LTD., NO. 3520, PAMPAKUDA, ERNAKULAM REP. BY ITS SECRETARY. 2. THE DISTRICT CO-OPERATIVE BANK, ERNAKULAM, REPRESENTED BY ITS GENERAL MANAGER. 3. THE JOING REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM. 4. THE NATIONAL BANK FOR AGRICULTURE & RURAL DEVELOPMENT THIRUVANANTHAPURAM, REP. BY ITS AUTHORIZED OFFICER. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER MR.P.V.SURENDRANATH, SC FOR THE BANK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16904 of 2009 --------------------------------- Dated, this the 18th day of June, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P4, a communication issued by the Grievance Redressal Officer, declining the application made by the petitioner for the benefit of Ext.P2 scheme. 2. The reason stated in Ext.P4 is that as on 31/12/2007, there is no outstanding in her K.C.C. account and therefore, the petitioner is ineligible for the benefit of the Scheme. Referring to Ext.P1 pass book, issued by the Bank, the learned counsel for the petitioner submits that the reason stated in Ext.P4 for rejecting his application is incorrect. It is stated that as on 04/12/2007, the balance outstanding was Rs.24,601/-, and therefore, the statement in Ext.P4 that the account was operational till 31/03/2008 and that the amount became outstanding only on 31/03/2009 is incorrect. 3. A reading of Ext.P1, pass book, shows that the amount for which the loan granted was for Rs.25,000/- and that amount is WP(C) No.16904/2009 -2- mentioned in Ext.P1 pass book itself. Even as on 04/12/2007, the balance outstanding of the petitioner was only Rs.24,601/-, and the pass book also shows that as on 31/03/2009, the balance outstanding was Rs.27,764/-. If this is the factual position, as on 31/03/2008, the loan was operational and the arrears become due only on 31/03/2009 and consequently, the petitioner does not come within the scope of Clause 4 of Ext.P2. In view of this, the conclusion in Ext.P4 cannot be said to be incorrect. The writ petition fails, and is accordingly, dismissed. (ANTONY DOMINIC, JUDGE) jg