IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WA.No. 1836 of 2009() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20074/2009 DATED 20/07/2009 .................... APPELLANTS/PETITIONERS --------------------------------------- 1. S. CHINNAPAZHANISAMY, S/O. SUBBAYYA GOUNDER, AGED 58, KULAPPARAIKADU, NELLIMEDU, MEENAKSHIPURAM P.O., CHITTUR TALUK, PALAKKAD DISTRICT – 678 533. 2. RAMAKRISHNAN. A., S/O. C.R. ARUMUGHAN, NELLIMEDU, KANNIMARI P.O., CHITTUR TALUK, PALAKKAD DISTRICT - 678 534. 3. VIJAYALASHMI R., W/O. K. KANAKARAJ, NELLIMEDU, KANNIMARI P.O. CHITTUR TALUK, PALAKKAD DISTRICT – 678 534. 4. PRABHAKARAN, S/O. VELAYUDHAN, ERIMEDU, KANNIMARI P.O., PALAKKAD DISTRICT. 5. SATHEESH KUMAR, S/O. CHANDRAN, ERIMEDU, KANNIMARI P.O., PALAKKAD DISTRICT. 6. SAHADEVAN,S/O. VELAYUDHAN, ERIMEDU, KANNIMARI P.O. PALAKKAD DISTRICT. 7. APPUKUTTAN, S/O. VELAYUDHAN, ERIMEDU, KANNIMARI P.O., PALAKKAD DISTRICT. 8. BABU .C. S/O. C.K. CHANDRAN, C.K.C. NIVAS, MULLANTHODE, KANNIMARI P.O. PALAKKAD DISTRICT. 9. SIVAKUMAR, S/O. MANIKKKAM, SERAMBI, MEENAKSHIPURAM P.O., PALAKKAD DISTRICT. 10. BUVANESWARI, W/O.LATE SIVASWAMY, SERAMBI, MEENAKSHIPURAM P.O., PALAKKAD DISTRICT. WA.No. 1836 of 2009 11. GANAPATHY AMMAL, W/O. KARUPPA SWAMY BOYAN, KARUPPATHURAKADE, MEENAKSHIPURAM P.O. PALAKKAD DISTRICT. 12. KARUPPASWAMY,S/O. KANTHA BOYAN, SERAMBI, MEENAKSHIPURAM P.O. PALAKKAD DISTRICT. 13. SAKTHIVEL, S/O. KARUPPASWAMY, SERAMBI, MEENAKSHIPURAM P.O., PALAKKAD DISTRICT. 14. PONNUSWAMY GOUNDER, S/O. MUTHUSWAMY GOUNDER, OTTANKADE, MEENAKSHIPURAM P.O. PALAKKAD DISTRICT. 15. PALANISWAMY GOUNDER, S/O. AYE GOUNDER, ELLAKKADE MUTHUSWAMY PUTHUR, MEENAKSHIPURAM P.O., PALAKKAD DISTRICT. 16. MANIKKAM, S/O. PALANI BOYAN, SERAMBI, MEENAKSHIPURAM P.O., PALAKKAD DISTRICT. 17. CHELLAMUTHU, S/O. ARUMUGHAN, KARUPPATHURAKADE, MEENAKSHIPURAM P.O. PALAKKAD DISTRICT. 18. ARUCHAMY, S/O. THIRUMALASWAMY, KARUPPATHURAKADE, MEENAKSHIPURAM P.O. PALAKKAD DISTRICT. 19. ARUCHAMY, S/O. CHINNA SWAMY GOUNDER, KARUPPATHURAKADE, MEENAKSHIPURAM P.O. PALAKKAD DISTRICT. 20. MARATHAL, S/O. ARUCHAMY GOUNDER KARUPPATHURAKADE, MEENAKSHIPURAM P.O. PALAKKAD DISTRICT 21. SUBBALAKSHMY, W/O. PALANI SWAMY, VAZHUKKAPARA KALAM, KARUPPATHURAKADE, MEENAKSHIPURAM P.O.,PALAKKD DISTRICT. BY ADV. MR.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. WA.No. 1836 of 2009 2. THE MOOLATHARA SERVICE CO-OPERATIVE BANK LTD., NO.P.518, MEENAKSHIPURAM P.O., PALAKKAD DISTRICT REP.BY ITS SECRETARY. 3. THE DISPUTES REDRESSEL OFFICER, MOOLATHARA SERVICE CO-OPERATIVE BANK LTD. NO.P.518 4. NATIONAL BANK FOR AGRICULTURE & RURAL DEVELOPMENT, REP.BY ITS CHIEF GENERAL MANAGER, KERALA REGIONAL OFFICE, POST BOX.NO.5613, PUNNEN ROAD, STATUE, THIRUVANANTHAPURAM - 695 039. 5. STATE OF KERALA REP.BY SECRETARY TO GOVT. DEPT. OF CO-OPERATIVES, GOVT. SECRETARIAT, TRIVANDRUM. R1 & R5 BY GOVERNMENT PLEADER MR.LAKSHMI NARAYANAN R2 & R3 BY ADV. MR.GEORGE POONTHOTTAM. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, ALONG WITH W.A. NO. 1839 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = WA.No.1836 of 2009 & WA.No.1839 of 2009 = = = = = = = = = = = Dated this the 19th day of February, 2010. J U D G M E N T Thottathil B.Radhakrishnan, J. These Writ Appeals arise from a common Judgment rendered in two writ petitions. 2. The writ petitioners contended that they had availed agricultural loans and are entitled to certain benefits in terms of the Debt Waiver and Debt Relief Scheme, 2008, Their requests were, however, rejected by the Grievance Redressal Officer. While the petitioners contend that they had availed the loans for agricultural purpose, ie., for cultivation or for developmental activities like digging pond, fencing the farm, installing pump house, constructing farm house and also for purchase of agricultural land, the Bank authorities have taken the WA.Nos.1836 & 1839 of 2009. -: 2 :- impugned decision that the petitioners had availed Non Agricultural Medium Term loans. 3. The learned Single Judge held on a finding of fact and rejected the writ petition. 4. If we were to embark on a question whether the loan availed was for agricultural or nonagricultural purpose, there are serious disputes on that issue of fact. In such circumstance, we do not find any justification to interfere with the finding of the learned Single Judge. The findings of the learned Single Judge are based on materials on record including the endorsements made in Ext.P4 in WP(C). No.20066/2009 and Exts.P3 series in WP(C).No.20074/2009. 5. Faced with the aforesaid situation, the learned counsel for the appellants submits that even in terms of classification under the Kerala Co-operative Societies Act, the Registrar is empowered to interfere, having regard to the duties and responsibilities of that office, to properly enforce the working of the scheme in question. Hence, we WA.Nos.1836 & 1839 of 2009. -: 3 :- make it clear that the disposal of the writ petitions would not stand in the way of any such competent authority granting any relief in accordance with law, in terms of the scheme. The Writ Appeal is dismissed subject to what is aforesaid. THOTTATHIL B.RADHAKRISHNAN (Judge) P.S.GOPINATHAN (Judge) Kvs/-