Dismissed

Subash, Son of Pazhanimala v. Union of India and Others

Kerala HC29 Oct 2010WA/2328/2009

Case brief

AI extract

What is this about?

This writ appeal challenged a single judge's order declining to direct respondents to waive the appellant's loan under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. The High Court dismissed the appeal, finding no merit because the loan exceeded the Rs. 1 lakh limit and term violated scheme conditions.

What did the court decide?

Writ Appeal dismissed; no direction given to respondents to waive the loan availed by the appellant.

Subash, Son of Pazhanimala Vs Union of India… — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932

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WA.No. 2328 of 2009() --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.22230/2009 Dated 06/08/2009 ....................

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APPELLANT(S): PETITIONER

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SUBHASH, S/O. PAZHANIMALA,

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MANGADU, TATTAMANGALAM.

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BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM)

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RESPONDENT(S): RESPONDENTS --------------------------

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UNION OF INDIA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI.

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STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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NABARD, PONNIAM ROAD, P.B.NO.5613, STATUE, THIRUVANANTHAPURAM-695 039, REPRESENTED BY ITS GENERAL MANAGER.

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THE TATTAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.P.502, P.O.TATTAMANGALAM-678 102, REPRESENTED BY ITS SECRETARY.

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THE GRIEVANCE REDRESSAL OFFICER, TATTAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.P. 502, P.O.TATTAMANGALAM-678 102.

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THE PALAKKAD DISTRICT CO-OPERATIVE BANK LIMITED, PALAKKAD, REPRESENTED BY ITS GENERAL MANAGER.

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ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.M.P.ASHOK KUMAR FOR R6

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SRI.GEORGE POONTHOTTAM FOR R4 & 5

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C .N. RAMACHANDRAN NAIR, &

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K. SURENDRA MOHAN, JJ.

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W.A. No. 2328 of 2009

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Dated this the 29th day of October, 2010

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JUDGMENT

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Ramachandran Nair, J.

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Appeal is filed against the judgment of the learned single Judge declining to direct respondents to waive the loan availed by the appellant from the fourth respondent-Bank under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. We have heard counsel appearing for the appellant and standing counsel appearing for the fourth respondent.

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Even though the learned single Judge has rejected the WPC for the reason that appellant after renewing the loan on 16.10.2008 cannot avail of the benefit of waiver of loan under the scheme, still we considered the claim on merits. Counsel for the fourth respondent submitted that waiver provided is only for loans upto Rs. 1 lakh and the loan availed by the petitioner is for Rs. 1.65 lakhs. Secondly long terms loans are not entitled to waiver and short-term loans of 18 months are eligible for benefit, whereas the loan availed by the

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WA 2328/2009

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appellant is repayable in 60 months. Consequently we find no merit in the Writ Appeal and the same is dismissed.

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(C.N.RAMACHANDRAN NAIR) Judge.

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(K. SURENDRA MOHAN) Judge.

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WA 2328/2009 3

Subash, Son of Pazhanimala v. Union of India and Others

Case brief

What is this about?

What did the court decide?

Subash, Son of Pazhanimala v. Union of India and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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