The court allowed a writ petition challenging the rejection of a debt waiver claim under the Agricultural Debt Waiver and Debt Relief Scheme, 2008, quashing the orders and directing reconsideration.
Quashed the rejection orders (Exts.P8, P9) and directed the Grievance Redressal Officer to reconsider pending applications for debt waiver within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933
WP(C).No. 6513 of 2010(L)
PETITIONER :
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SMT.NOORJAHAN, WIFE OF LATE MOHAMMADALI, KARIPPALI, TATTAMANGALAM.
BY ADVS. SRI.S.EASWARAN
SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE
RESPONDENT(S):
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1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI.
2. NABARD, PANNIAM ROAD, P.B.NO.5613, STATUE, THIRUVANANTHAPURAM-695039, REPRESENTED BY ITS GENERAL MANAGER.
3. THE TATTAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO.P.502, P.O.TATTAMANGALAM-678102, REPRESENTED BY ITS SECRETARY.
4. THE GRIEVANCE REDRESSAL OFFICER, TATTAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO.P.502, P.O.TATTAMANGALAM-678102.
R1 BY ADVS. SRI.K.HARILAL, ASGI SRI. P. PARAMESWARAN NAIR, ASGI SRI. T.P.M. IBRAHIM KHAN, ASGI R3 & R4 BY ADV. SRI.GEORGE POONTHOTTAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 6513 of 2010(L)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | : COPY OF RECEIPT EVIDENCING PAYMENT IN COMPLIANCE WITH THE DIRECTION OF THIS HON'BLE COURT. |
|---|---|
| EXT.P2 | : COPY OF THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008. |
| EXT.P3 | : COPY OF PETITION DATED 14.7.2008 SUBMITTED BY THE HUSBAND OF THE PETITIONER BEFORE THE 4TH RSPONDENT. |
| EXT.P4 | : COPY OF PETITION DATED 14.7.2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RSPONDENT. |
| EXT.P5 | : COPY OF PROCEEDINGS DATED 13.01.2009 ISSUED BY THE 3RD RESPONDENT. |
| EXT.P6 | : COPY OF JUDGMENT DATED 14.8.2009 IN WP(C) NO. 22714 OF 2009. |
| EXT.P7 | : COPY OF PETITION DATED 12.9.2009 SUBMITTED BY THE PETITIONER ALONG WITH HER HUSBAND BEFORE THE 4TH RESPONDENT. |
| EXT.P8 | : COPY OF PROCEEDINGS DATED 09.09.2009 ISSUED TO LATE MOHAMMADALI BY THE 4TH RESPONDENT. |
| EXT.P9 RESPONDE |
: COPY OF PROCEEDINGS DATED DO. DO ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT. NT'S EXHIBITS : NIL |
//TRUE COPY//
P.S. TO JUDGE
Mn
C.K. ABDUL REHIM,J.
W.P.(c) No. 6513 OF 2010
DATED THIS THE 9th DAY OF NOVEMBER, 2011
J U D G M E N T
Petitioner along with her late husband Sri. Mohammadli had availed two distinct loans from the 3rd respondent Bank on 30-03-2004, to the tune of Rs.1,50,000/and Rs.2,75,000/- respectively, for the purpose of land development and Dairy business. Consequent to default committed in re-payment, recovery steps were initiated by the 3rd respondent. On the basis of applications submitted by the 3rd respondent, the Arbitrator appointed under the Co-operative Societies Act (Assistant Registrar of Cooperative Societies, Chittur) had passed awards dated 24-02-2006, enabling realisation of a sum of Rs.1,83,934/and Rs.2,91,450/- respectively. When sale proceedings were initiated in execution of the awards, the petitioner along with her husband had approached this court in W.P (c) No.24940/2007 and in W.P (c) No.2024/2007. This court passed an interim order subject to condition of the
W.P.(c) No.6513/2010 -2-
petitioner and her husband remitting a sum of Rs.30,000/and Rs.25,000/-, respectively. In compliance with the interim order the remittances were made, as evident from Ext.P1 receipt. In the meanwhile, the Central Government have introduced Ext.P2 scheme, namely “Agricultural Debt Waiver and Debt Relief Scheme, 2008.” Since the loan accounts in default will fall within the eligible category under Ext.P2 scheme, they submitted applications before the 4th respondent, who is the 'Grievance Redressal Officer' under Ext.P2 scheme, as per Exts.P3 and P4. When those applications were not considered the Petitioner and her husband had approached this court again in W.P (c) No.22714/2009. In Ext.P6 judgment this court directed the 4th respondent to consider and pass orders on Ext.P3 and P4 within a time limit stipulated. But the 4th respondent had rejected the claims stating that the loans in question will not come within the purview of Ext.P2 scheme. In this writ petition the petitioner is challenging the said decision taken under Exts.P8 and P9.
W.P.(c) No.6513/2010
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Ext.P2. It is also contended that since the petitioner as well as her husband had remitted a part of the amount as evidenced from Ext.P1 the loans in question could not be categorised as loans remaining over due for payment.
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question are not remaining over due. It is not disputed that the loans were availed before 31-03-2007 and it became overdue as on 31-12-2007. Mearly because awards were passed with respect to the arrears in the loan accounts, it cannot be said that the loans will not fall within the eligible category. Further, even assuming that part payments were made, there are amounts remaining due as unpaid as on 29-02-2008. Hence, I am of the view that amounts remaining unpaid in the loan account will fall within the eligible category as mentioned in Clause 4 of Ext.P2 and that the petitioner as well as her deceased husband were eligible for the benefit of waiver, to the extent it is provided under Ext.P2.
W.P.(c) No.6513/2010
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benefits under Ext.P2 scheme, in view of the conclusions arrived as above, if the petitioner and her husband were eligible.
The needful in this regard shall be done by the 4th respondent, within one month from the date of receipt of a copy of this judgment
Sd/- C.K. ABDUL REHIM, JUDGE.
AMG
True copy
P.A to Judge
SMT.NOORJAHAN
UNION OF INDIA
NABARD
THE TATTAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED
THE GRIEVANCE REDRESSAL OFFICER
C.K.ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
