IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 1890 of 2010(I) -------------------------------------- PETITIONER(S): ---------------------- 1. O.K.SURESH KUMAR, S/O.O.A.KUMARAN, AGED 39 YEARS, ORMALAKUNNEL HOUSE, CHETHIKODE P.O., KANJIRAMATTAM VIA, ERNAKULAM DISTRICT. 2. O.A.GOPI, S/O.C.T.AYYAPPAN, AGED 55 YEARS, ORMALAKUNNEL HOUSE, MULANTHURUTHY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------- THE KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTES AND SCHEDULED TRIBES LIMITED, REGIONAL OFFICE, ERNAKULAM, CHIRTHRA, OPP.MUTHOOT HONDA, PALARIVATTAM P.O., KOCHI REPRESENTED BY ITS REGIONAL MANAGER. ADV. SRI.M.K.CHANDRA MOHANDAS , SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1890/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LOAN SANCTIONING ORDER ISSEUD BY THE RESPONDENT. P2:- COPY OF THE NOTICE DTD. 19.10.04 ISSUED BY THE RESPONDENT. P3:- COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS. 52,850/- FOR CLOSING THE LOAN ACCOUNT. P4:- COPY OF THE LETTER DTD. 18.3.09 ISSUED BY THE RESPONDENT TO THE PETITIONERS. P5:- COPY OF THE LETTER DTD. 16.7.09 ISSUED BY THE RESPONDENT. P6:- COPY OF THE LETTER DTD. 5.12.09 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS R1(a)1:- COPY OF THE NOTICE DTD. 31.1.09 SENT TO THE PETITIONERS. R(a)2:- COPY OF THE NOTICE DTD. 18.3.09 SENT TO THE PETITIONER. R(a)3:- COPY OF THE NOTICE DTD. 16.7.09 SENT TO THE PETITIONERS. R(a)4:- COPY OF THE NOTICE DTD. 27.10.09 SENT TO THE PETITIONERS. R(a)5:- COPY OF THE NOTICE DTD. 5.12.09 SENT TO THE PETITIONERS. E(b)1:- COPY OF THE SALARY RECOVERY REQUEST DTD. 2.10.09 TO SENIOR SUPERINTENDENT OF POST OFFICE, ERNAKULAM. R(b)2:- COPY OF THE SALARY RECOVERY REQUEST DT.D 27.10.09 TO DIRECTOR OF POSTAL SERVICES, ERNAKULAM. R(b)3:- COPY OF THE SALARY RECOVERY REQUEST DTD. 11.11.09 TO POST MASTER GENERAL, ERNAKULAM. R(c):- COPY OF THE STATEMENT OF ACCOUNTS. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 1890 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of August, 2010 J U D G M E N T The petitioners availed of a loan of Rs.1,52,725/- from the respondent-Corporation. They committed default in repayment. By notice dated 19.10.2004, they were directed to pay an amount of Rs.1,62,858/-. On receipt of the same, the petitioners paid an amount of Rs.50,000/- on 13.04.2004 and another Rs.35,000/- on 28.03.2005. Thereafter for sometime the petitioners did not pay any amount. Subsequently the petitioners approached the respondent for closing the loan account. The respondent directed the petitioners to pay an amount of Rs.52,850/- towards settlement of the loan account. Petitioners paid that amount and their account was closed as is clear from Ext.P3 receipt issued to the petitioners. That was on 18.06.2008. Long thereafter on 05.12.2009, the petitioners were directed by Ext.P4 to pay a further amount of Rs.1,35,765/- W.P.(C)No. 1890 of 2010 -2- on the reason that the petitioners' loan account was wrongly closed. Subsequently by Ext.P6 the petitioners were directed to pay around Rs.1,43,000/-. Petitioners have filed this writ petition challenging the said demand seeking the following reliefs: “i) Call for the records leading to the issuance of Exhibits P4 to P6 issued by the Respondent and quash the same by issuing a writ in the nature of certiorari or any other writ, order or direction. ii) Issue a Writ in the nature of Mandamus or any other writ, order or direction forbearing the Respondent from proceeding against the Petitioners for any alleged default in repayment of the loan availed by them. iii) Declare that in view of Exhibit P3 settlement of accounts, the Respondent is not entitled to demand any additional amounts from the Petitioners.” 2. Counter affidavit, statement and additional statement have been filed on behalf of the respondent. According to the learned counsel for the respondent, petitioner is liable to pay an amount of Rs.1,28,007/- as on 18.06.2008. 3. I have considered the rival contentions in detail. 4. In paragraph 15 of the counter affidavit filed by the respondent it is stated thus: W.P.(C)No. 1890 of 2010 -3- “15. It is submitted that the 1st Petitioner has to remit a total amount of Rs.145839/- as on 18.02.2010 which is in due to the respondent corporation. However, pursuant to the government order G.O. No.100/09 dated 12.11.2009 an order of waiver/one time settlement scheme for debts of members of Scheduled caste & Scheduled Tribes. As per the order government have decided to waive the loans upto Rs.25000/- and one time settlement of loans above Rs.25000/- and is overdue by 3.1.2006, the 1st petitioner is entitled for a waiver and he has to remit only Rs.104386/- as on 18.2.2010 as per the Government Order marked as Ext.R(a). A true copy of the statement of accounts are produced herewith and marked as Exhibit R(c).” 5. In view of the peculiar circumstances, I am inclined to direct the respondent to close the account on payment of the amount of Rs.1,04,386/- stated in paragraph 15 of the counter affidavit. Accordingly the petitioners shall pay the said amount of Rs.1,04,386/- within one month which would be treated as full and final settlement of the petitioners' loan account. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/