Petitioner sought waiver of SC/ST loan under Govt Orders. Court directed Joint Registrar to decide grievance within two months after hearing parties and receiving caste/income certificates.
Joint Registrar directed to decide the petitioner's grievance on Ext.P8 within two months after hearing parties and receiving caste/income certificates.
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 A.MUHAMED MUSTAQUE
TUESDAY, THE 8TH DAY OF NOVEMBER 2016/17TH KARTHIKA, 1938
WP(C).No. 11265 of 2011 (G)
PETITIONER(S):
RAMACHANDRAN, AGED 50 YEARS, S/O.NANOO, PALAVILA VEEDU, KOTTATHALA, NEDUVATHUR, KOTTARAKARA
BY ADVS.SRI.BLAZE K.JOSE SRI.T.T.RAKESH
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT, SCHEDULED CASTE & SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM 695 001.
2. THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001
3. THE REGISTRAR OF CO-OPERATIVE SOCIETY THIRUVANANTHAPURAM 695 001.
4. THE JOINT REGISTRAR, KOLLAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, CHINNAKADA, KOLLAM 691 001.
5. THE GENERAL MANAGER KOLLAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, CHINNAKADA, KOLLAM PIN 691 001
6. THE BRANCH MANAGER, KOLLAM CO-OPERATIVE BANK LTD, KOTTARAKARA EVENING BRANCH, KOTTARAKARA PIN 691 516.
R5 & R6 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,KOLLAM CO-O R5-R6 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD
R1-R4 BY ADV. GOVERNMENT PLEADER SMT.POOJA SURENDRAN R BY SRI.T.R.HARIKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AD
WP(C).No. 11265 of 2011 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P3: A TRUE COPY OF THE SAID CIRCULAR NO.61/2009 DATED 18.12.2009
EXT.P4: A TRUE COPY OF THE CASTE CERTIFICATE DATED 16.3.2010
EXT.P5: A TRUE COPY OF THE INCOME CERTIFICATE DATED 10.03.2010
EXT.P7: A TRUE COPY of the REPRESENTATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 11.12.2009
EXT.P8: A TRUE COPY OF THE REPRESENTATION DATED 13.12.2009
RESPONDENT(S)' EXHIBITS
ANNEXURE R5(A): TRUE COPYOF THE APPLICATION FOR CASH CREDIT ACCOMMODATION SUBMITTED BY THE PETITIONER BEFORE THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD.
ANNEXURE R5(B): TRUE COPY OF THE LETTER NO.C.G.(2) 12001/09 DTD.10.12.2010 OF THE 3RD RESPONDENT.
//TRUE COPY//
P.A. TO JUDGE
AD
A.MUHAMED MUSTAQUE, J.
W.P.(C).No.11265 of 2011
Dated this the 8th day of November, 2016 J U D G M E N T
Petitioner claims that he belongs to Hindu, Pulaya (SC) caste. He approached this Court on account of alleged denial of the benefit of Exts.P1 and P2 Government Orders by the 5th respondent (Kollam District Co-operative Bank) in the matter of loan waiver. It appears that such stand was taken by the Bank for the reason that the petitioner did not place any records to show that he belongs to Hindu, Pulaya community. It appears that the bank has no credible records to show that petitioner belongs to SC community. The petitioner has moved the 4th respondent, Joint Registrar raising his grievance by Ext.P8. This Court is of the view that the Joint Registrar, after hearing the petitioner as well as 5th and 6th respondents shall take a decision on Ext.P8, within a period of two months from the date of receipt of a copy of this judgment, in the light of Exts.P1 and P2 Government Orders. Petitioner shall also place Exts.P4 and P5
W.P.C.No.11265/2011
2
caste certificate and income certificate before the Joint Registrar for consideration. The petitioner shall produce copy of Ext.P8 along with this judgment before the 4th respondent for compliance.
Sd/- (A.MUHAMED MUSTAQUE, JUDGE)
TRUE COPY
P.A TO JUDGE
DG
1 issue framed by the court
Whether the Joint Registrar should decide the petitioner's grievance regarding denial of SC/ST loan waiver benefit.
RAMACHANDRAN
STATE OF KERALA
THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT
THE REGISTRAR OF CO-OPERATIVE SOCIETY THIRUVANANTHAPURAM
THE JOINT REGISTRAR, KOLLAM DISTRICT CO-OPERATIVE BANK
THE GENERAL MANAGER KOLLAM DISTRICT CO-OPERATIVE BANK
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
