The Madurai Bench of Madras High Court dismissed a writ petition challenging agricultural loan waivers under the 2008 scheme, holding the relief sought was misconceived and beyond judicial review.
The writ petition stands dismissed; no order as to costs.
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W.P.(MD).No.23250 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.23250 of 2022
V.Jeyaprakash
.. Petitioner
Vs.
.. Respondents
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W.P.(MD).No.23250 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to waive the entire agricultural loan (FML and FDL) availed by the petitioner and his father under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 and further directing the respondents 3 and 4 not to proceed with the original application in O.A.No.801 of 2021 on the file of Debt Recovery Tribunal Madurai.
For Petitioner : Mr.R.Maheshwaran For R-1 : Mr.V.Malaiyendran Central Government Standing Counsel For R-2 : Mr.M.Lingadurai Special Government Pleader For R-3 : No appearance For R-4 : Mr.R.Anandharaj
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The Writ of Mandamus has been instituted to direct the respondents to waive the entire agricultural loan availed by the petitioner and his father under the Agricultural Debt Waiver and Debt relief Scheme, 2008 and further direction not to proceed with the Original Application in O.A. No.801 of 2021 on the file of the Debts Recovery Tribunal, Madurai.
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W.P.(MD).No.23250 of 2022
relief cannot be granted by this Court by exercise of the powers of judicial review. If at all any waiver scheme is available, the petitioner has to approach the authorities for availing the benefit of the scheme, since this Court cannot issue any direction to waive the entire agricultural loan obtained by the petitioner and his father. It seems that action has already been initiated by the authorities and O.A.No.801 of 2021 is pending on the file of the Debts Recovery Tribunal, Madurai. That being so, the Writ Petition is not entertainable.
order as to costs.
(S.M.S.,J.) (L.V.G.,J.) 18.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
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W.P.(MD).No.23250 of 2022
To
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W.P.(MD).No.23250 of 2022
S.M.SUBRAMANIAM,J. and L.VICTORIA GOWRI,J.
Lm
W.P.(MD).No.23250 of 2022
18.12.2023
Page 5 of 5
Jeyaprakash
Union of India
District Collector, Theni District
Regional Manager, Canara Bank Theni Branch
Chief Manager, Canara Bank Theni Branch
S.M.Subramaniam
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
