Disposed

Subash P v. the Collector/Authorised Officer

Kerala HC19 Nov 2013WP(C)/21839/2011

Case brief

AI extract

What is this about?

This writ petition challenged orders of the Grievance Redressal Officer and the Bank regarding the petitioners' entitlement to debt relief. The court held that such determinations require factual adjudication challengeable via further appeal to the Banking Ombudsman.

What did the court decide?

The writ petition was disposed of. The petitioner was directed to file an appeal within one month before the Banking Ombudsman, Thiruvananthapuram.

Subash P Vs the Collector/Authorised Officer — Pension and Retirement Benefits | Kerala HC (2013)

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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 V.CHITAMBARESH

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TUESDAY, THE 19TH DAY OF NOVEMBER 2013/28TH KARTHIKA, 1935

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WP(C).No. 21839 of 2011 (D)

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PETITIONER(S):

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SUBASH P., ARANGOTTU KULAMBU, P.O.KOTTEKAD, PANNIMADA MALAMPUZHA, PALAKKAD DISTRICT.

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PREMAKUMARAN, ARANGOTTU KULAMBU, KOTTEKAD P.O., PANNIMADA MALAMPUZHA, PALAKKAD DISTRICT.

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BY ADVS.SRI.P.R.AJITHKUMAR

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SRI.K.MANOJ CHANDRAN

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RESPONDENT(S):

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THE COLLECTOR/AUTHORIZED OFFICER (TAHSILDAR), PALAKKAD-678 001.

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THE VILLAGE OFFICER, MALAMPUZHA 2 VILLAGE, PALAKKAD DISTRICT-678 001.

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INDIAN OVERSEAS BANK, 12/835, G.B.ROAD, PALAKKAD REPRESENTED BY ITS CHIEF MANAGER, PIN-678 001.

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THE GRIEVANCE REDDRESSAL OFFICER, AGRICULTURAL DEBT WAIVER & DEBT RELIEF SCHEME, 2008 INDIAN OVERSEAS BANK, 12/835, G.B.ROAD, PALAKKAD-678 001.

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UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCIAL SERVICE MINISTRY OF FINANCE, NEW DELHI-110 001.

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R3-4 BY ADV. SRI.LEO GEORGE,SC,INDIAN OVERSEAS BANK BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.21839/2011

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1	:	TRUE COPY OF THE AGRICULTURAL DEBT WAIVER & DEBT RELIEF SCHEME, 2008.
EXHIBIT P2	:	TRUE COPY OF THE NOTICE DATED 27.07.2009.
EXHIBIT P3	:	TRUE COPY OF THE CERTIFIED COPY OF THE PARTITION DEED NO. 2492/1971 DATED 16.11.1971.
EXHIBIT P4	:	TRUE COPY OF THE PATTA DATED 17.02.1978.
EXHIBIT P5	:	TRUE COPY OF THE SALE DEED NO. 1927/1986 DATED 05.04.1986.
EXHIBIT P6	:	TRUE COPY OF THE DEMAND NOTICE DATED 02.02.2010.
EXHIBIT P7	:	TRUE COPY OF THE DEMAND NOTICE DATED 02.02.2010 ISSUED U/S. 34 OF THE KERALA REVENUE RECOVERY ACT.
EXHIBIT P8	:	TRUE COPY OF THE REPRESENTATION DATED 04.03.2010.
EXHIBIT P9	:	TRUE COPY OF THE JUDGMENT IN WP(C) NO. 7669/2010 DATED 07.06.2010.
EXHIBIT P10	:	TRUE COPY OF THE OBJECTION DATED 21.07.2010
EXHIBIT P11	:	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 09.06.2010.
EXHIBIT P12	:	TRUE COPY OF THE POSSESSION CERTIFICATE DT. 06.04.2004.
EXHIBIT P13	:	TRUE COPY OF THE ORDER DATED 24.07.2010.
EXHIBIT P14	:	TRUE COPY OF THE LETTER DATED 04.02.2011.

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RESPONDENT(S) EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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WP(C) NO. 21839 OF 2011

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Dated this the 19^th day of November, 2013

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JUDGMENT

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The question whether the petitioners are 'small farmers' or 'other farmers' involves adjudication of many factual aspects. The entitlement of the petitioners to the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 depends on such factual adjudication. Ext.P13 order of the fourth respondent and the order dated 08.10.2011 passed by the third respondent can as well be challenged in further appeal to the Banking Ombudsman.

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Any appeal filed by the petitioners within one month from today shall be dealt with by the Banking Ombudsman, Thiruvananthapuram within a period of two months therefrom. The petitioners as well as the third respondent bank shall be put on notice and heard in the exercise. The interim order of status quo passed by this court in this Writ Petition would continue for a period of three months under the circumstances.

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The Writ Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Subash P v. the Collector/Authorised Officer

Case brief

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Subash P v. the Collector/Authorised Officer

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