IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 23054 of 2008(T) -------------------------- PETITIONER: --------------- C.M. PHILIP, S/O. MATHEW, CHEMPAKASSERIL HOUSE, MUNDAYAMPARAMBA.P.O, KANNUR DT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ----------------- 1. CANARA BANK, IRITTY BRANCH, REP. BY ITS MANAGER, IRITTY, KANNUR DISTRICT. 2. THE REGIONAL MANAGER, CANARA BANK, REGIONAL OFFICE, KANNUR. 3. THE TAHSILDAR, REVENUE RECOVERY, THALASSERY. BY SRI.P.GOPINATHA MENON, SC FOR BANK GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 23054 OF 2008 T = = = = = = = = = = = = = = = = = Dated this the 31st day of July 2008 J U D G M E N T Petitioner is a defaulter to the respondent bank. According to the petitioner, he is entitled to the benefit of Agricultural Debt Waiver and Debt Relief Scheme, 2008, Ext. P2. Petitioner submits that despite his eligibility for the benefit of Ext. P2, his name did not found a place in the list prepared by the bank and thereupon he made Ext. P3 application to the 2nd respondent. It is stated that despite having made Ext. P3, recovery proceedings are being initiated by the bank and therefore this writ petition has been filed. 2. I heard the counsel for the petitioner and also the Standing Counsel for respondents 1 and 2. 3. Since a scheme in the nature of Ext. P2 has been floated by the bank and the petitioner is claiming the benefit thereof, it is incumbent on the part of the respondents to consider the claim of the petitioner for the benefit of the said scheme. Though the W.P.(C) No. 23054 OF 2008 -2- petitioner has filed Ext. P3 before the 2nd respondent, Standing Counsel for the bank points out that the application ought to have been made to the 1st respondent. In view of this, the writ petition is disposed of directing that within one week from today, the petitioner shall make a representation to the 1st respondent claiming the benefit of Ext. P2 Debt Waiver and Debt Relief Scheme and on its receipt, the 1st respondent shall either himself deal with the same or shall forward the same to be dealt with by the appropriate officer of the bank. Orders on the application shall be passed in the light of the various provisions of Ext. P2. It is further directed that subject to the filing of the representation as above, further proceedings for the recovery of the amount due from the petitioner will stand stayed until orders are passed on the application to be filed by him. ANTONY DOMINIC JUDGE jan/-