The Court disposed of the writ petition by staying coercive recovery steps for three months on the condition the petitioner remits Rs. 35,000 to the bank within one month, noting the failure of the agricultural debt waiver claim.
Stayed coercive recovery steps for three months on condition of remitting Rs. 35,000 to the bank 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 V.CHITAMBARESH
MONDAY, THE 16TH DAY OF DECEMBER 2013/25TH AGRAHAYANA, 1935
WP(C).No. 5083 of 2013 (I)
PETITIONER(S):
T.T.NANU, AGED 61 YEARS S/O POKKAN, THENGUMTHOTTATHIL HOUSE CHEEKKONNU WEST P.O, (VIA) KAKKATTIL KOZHIKODE DISTRICT 673507
BY ADV. SRI.MILLU DANDAPANI
RESPONDENT(S):
1. THE DEPUTY TAHASILDAR, REVENUE RECOVERY, REVENUE RECOVERY OFFICE VADAKARA 673101
2. THE CANARA BANK, THOTTILPALAM BRANCH, REPRESENTED BY ITS MANAGER KAVILUMPARA P.O, KAVILUMPARA AMSOM DESOM VADAKARA TALUK 673513
R1 BY GOVERNMENT PLEADER SRI. RAFEEK V. U. R2 BY ADV. SRI.P.P.JOYI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 5083 of 2013 (I)
APPENDIX
PETITIONER(S) EXHIBITS :-
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V. CHITAMBARESH, J
W.P.(C). NO. 5083 OF 2013
Dated this the 16th day of December, 2013
JUDGMENT
The benefit under the Agricultural Debt Waiver and Debt Reliefs Scheme, 2008 claimed by the petitioner has already been turned down by the Court of Subordinate Judge, Vadakara in O.S. No. 121/2011. It is for the petitioner either to file a suit against the decree or to move the Banking Ombudsman for relief under the scheme.
The writ petition is disposed of.
SD/-
V. CHITAMBARESH JUDGE
DCS
T.T. NANU
THE DEPUTY TAHASILDAR
THE CANARA BANK
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
