IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 37046 of 2008(I) -------------------------- PETITIONER: --------------- MATHUKUTTY P.U., S/O.ULAHANNAN, AGED 48 YEARS, PUTHIYIDAM HOUSE, AYARKUNNAM, KOTTAYAM - 686 564. BY ADV. SRI.SABU THOZHUPPADAN RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI. 2. THE SECRETARY, MINISTRY OF AGRICULTURE, GOVERNMENT OF INDIA, NEW DELHI. 3. THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION, KOTTAYAM - 686 002. 5. THE AYARKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.4147, AYARKUNNAM, KOTTAYAM - 686 564 REPRESENTED BY ITS PRESIDENT. BY SHRI.C.K.JAYAKUMAR, CGC FOR R1 & 2 GOVT.PLEADER SMT.N.SUDHA DEVI FOR R3 & R4 ADV. SRI.JOSE J.MATHAIKAL FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.37046/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF CERTIFICATE DT.17.8.06 ISSUED BY AYARKUNNAM GRAMA PANCHAYAT, KOTTAYAM IN THE NAME OF THE PETITIONER. EXT.P2: TRUE COPY OF COVER PAGE OF KISSAN CARD PASS BOOK WITH A/C NO.KCC 12/06 ISSUED BY THE 5TH RESPONDENT. EXT.P3: TRUE COPY OF DEBT ACKNOWLEDGEMENT DEED EXECUTED BY THE PETITIONER IN FAVOUR OF THE 5TH RESPONDENT. EXT.P4: TRUE COPY OF AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME. EXT.P5: TRUE COPY OF PETITION DT.10.7.08 OF THE PETITIONER SUBMITTED TO THE GRIEVANCE REDRESSAL OFFICER OF THE 5TH RESPONDENT. EXT.P6: TRUE COPY OF LETTER DT.6.10.08 FROM THE 5TH RESPONDENT ADDRESSED TO THE PETITIONER. EXT.P7: TRUE COPY OF LETTER DT.7.10.08 FROM THE GRIEVANCE REDRESSAL OFFICER OF THE 5TH RESPONDENT ADDRESSED TO THE PETITIONER. EXT.P8: TRUE COY OF LETTER DT.10.6.08 OF THE PRIME MINISTER OF INDIA ADDRESSING 'MY FARMER FRIEND'. EXT.P9: TRUE COPY OF CERTIFICATE DT.NIL ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER UNDER EXT.P4. EXT.P10: TRUE COPY OF PETITION DT.9.12.2008 OF THE PETITIONER SUBMITTED TO THE 3RD RESPONDENT. EXT.P11: TRUE COPY OF PETITION DT.9.12.08 OF THE PETITIONER SUBMITTED TO THE 4TH RESPONDENT. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.37046 Of 2008 ----------------------------------------------------- DATED THIS THE 15th DAY OF DECEMBER, 2010 J U D G M E N T The petitioner herein is seeking for a direction to the 5th respondent to waive the entire loan outstanding of the petitioner in terms of Exhibit P4 which is a Scheme namely Agricultural Debt Waiver and Debt Relief Scheme, 2008. According to the petitioner, he is a farmer who earns his livelihood by doing agricultural operations in his own land and in the land of others taken on lease. He owns an extent of 20 cents of land in Sy.No.293/7-1 of Ayarkunnam Village. He is a member of the 5th respondent with membership No.1813 and had availed an agricultural loan of `.1,75,000/- on 11.10.2006 as per loan account No.KCC.12/06. The petitioner applied for the agricultural loan under Kissan Credit Card Loan Scheme and he is an absolute credit card holder with account No.KCC.12/06. The repayment of the loan was to expire on 11.10.2009. 2. The petitioner, after coming into force of Exhibit P4 Scheme, made enquiries in the matter and found that only an amount of `10,000/- alone has been waived. According to him, W.P.(C)No.37046/08 -2- more amounts had to be adjusted under the Scheme. Ultimately, he approached the Joint Registrar by filing Exhibit P11 representation. 3. Heard the learned counsel appearing for the 5th respondent-Bank. Since the petitioner has already approached the Joint Registrar in the matter, there will be a direction to the 4th respondent to take a decision on Exhibit P11, if it is not disposed of already on its merits, after hearing the petitioner and the 5th respondent within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge