Dismissed

K.v.Hamsakutty v. the Grievance Redressal Officer & Others

Kerala HC21 May 2010WP(C)/143/2010

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the State Bank of India's refusal to grant debt waiver under the 2008 Scheme. Finding the petitioner failed to produce documents proving land extent after multiple directions, the court held eligibility for the total waiver was not established.

What did the court decide?

The writ petition was dismissed as the petitioner failed to prove eligibility for debt waiver by producing documents regarding land extent.

K.v.Hamsakutty Vs the Grievance Redressal… — Contract and Commercial Disputes | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932

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WP(C).No. 143 of 2010(P)

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PETITIONER(S):

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K.V.HAMSAKUTTY, S/O.VELUTTY ALIAS KHADER, KUMBALAPANTHALIL HOUSE, KARIMBA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT.

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BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.H.

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RESPONDENT(S):

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1. THE GRIEVANCE REDRESSAL OFFICER, STATE BANK OF INDIA, KANJIRAPPUZHA BRANCH, PALAKKAD DISTRICT.

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2. STATE BANK OF INDIA, KANJIRAPPUZHA BRANCH, PALAKKAD DISTRICT.

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3. GOVERNMENT OF INDIA, DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI-110 001 REPRESENTED BY ITS DIRECTOR AC.

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R1 & R2 BY ADV. SRI. R.S. KALKURA, SC, SBI R3 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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S. SIRI JAGAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 143 of 2010

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 21^st day of May, 2010

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J U D G M E N T

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The petitioner is a defaulter in repayment of loan amounts to the 2^nd respondent Bank. Petitioner claims debt waiver under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. The bank informed the petitioner that the petitioner is not eligible for debt waiver since he owns more than 5 acres and does not under the category of 'small farmer' as defined under the scheme, who alone are entitled to total waiver, but comes under the definition of “other farmers” as defined therein. He was also informed by Ext.P3 that he is eligible for debt relief only, if he repays balance amount as directed therein. Petitioner is challenging the action of the bank.

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This writ petition was filed on 5.1.2010. This court directed the petitioner to produce documents to prove the extent of land in his possession, three times on

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W.P.(C)No. 143 of 2010

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-2-

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21.01.2010, 03.02.2010 & 31.03.2010. The petitioner has not cared to produce any documents to prove the same. In the above circumstances, the petitioner has not been able to prove his eligibility for waiver as claimed before the respondents. In the above said circumstances this writ petition is dismissed.

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S. SIRI JAGAN JUDGE

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shg/

K.v.Hamsakutty v. the Grievance Redressal Officer & Others

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K.v.Hamsakutty v. the Grievance Redressal Officer & Others

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