The petitioner challenged the denial of benefits under the Agricultural Debt Waiver and Debt Relief Scheme 2008. The Court found the petitioner's claim devoid of merit as the loan was availed in 2007, outside the Scheme's specific parameters, and dismissed the writ petition.
Writ Petition fails and is dismissed accordingly.
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 P.R.RAMACHANDRA MENON TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933
WP(C).No. 9377 of 2011(V) --------------------------------------
PETITIONER(S):
-------------------------
1. A.K.MOIDEEN KUTTY, AGED 55 YEARS, S/O.ABDUL KAREEM, KAKKATHODE, ELAPULLY P.O., PALAKKAD DISTRICT.
2. AJEE, AGED 49 YEARS, W/O.MOIDEEN KUTTY KAKKATHODE, ELAPULLY P.O., PALAKKAD DISTRICT.
BY ADVS. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.BHAMA G. NAIR SRI.V.K.MEETHIANKUNJU SRI.N.M.SIYAD
RESPONDENT(S):
---------------------------
1. THE MANAGER, CANARA BANK, ELAPULLY BRANCH, PALAKKAD DISTRICT - 678 622.
2. THE RESERVE BANK OF INDIA, URBAN BANKS DEPARTMENT, BAKERY JUNCTION, TRIVANDRUM, REP. BY ITS GENERAL MANAGER 695 013.
3. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI - 110 001.
4. THE PRINCIPAL AGRICULTURAL OFFICER, PALAKKAD - 678 001.
R1 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.S.RAMU R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R4 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.9377/2011
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S ANNEXURES:
ANNEX A: COPY OF THE LOAN DOCUMENT DATED 04/05/2007 EXECUTED BY THE 1ST PETITIONER.
/TRUE COPY/
P.A.TO.JUDGE
sts
P.R.RAMACHANDRA MENON, J
W.P.(C) No.9377 OF 2011
-------------------------------------------------Dated this the 21st day of June 2011
JUDGMENT
The petitioner is seeking for the benefit of waiver of the due amounts, under the Agricultural Debt Waiver and Debt Relief Scheme 2008, notified by the Central Government.
W.P.(C) No.9377/2011
2
interference is warranted.
The Writ Petition fails and it is dismissed accordingly.
vdv P.R.RAMACHANDRA MENON, JUDGE
2 issues framed by the court
Whether the petitioner qualifies for the benefit of the Agricultural Debt Waiver and Debt Relief Scheme 2008.
Whether the petitioner falls within the purview of the Scheme given the loan date and eligibility criteria.
3 provisions across 2 enactments
A.K. Moideen Kutty
Ajee
The Manager, Canara Bank, Elappully Branch
The Reserve Bank of India
Union of India
The Principal Agricultural Officer, Palakkad
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
