Back
2010 Supreme(Online)(KER) 23553
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
MATHUKUTTY.P.U – Appellant
Versus
UNION OF INDIA AND OTHERS – Respondent
WP(C)/37046/2008
SRI.SABU THOZHUPPADAN, SHRI.C.K.JAYAKUMAR, SMT.N.SUDHA DEVI, SRI.JOSE J.MATHAIKAL
Court emphasized the need for thorough administrative review of waiver claims under the debt relief scheme.
Headnote:
Waiver - Agricultural Loan - Agricultural Debt Waiver Scheme - Section 1, 2
Fact of the Case:
The petitioner, a farmer, sought a waiver for a substantial agricultural loan under a specific debt relief scheme, claiming insufficient amounts had been waived contrary to expectations.
Finding of the Court:
The court acknowledged the petitioner's grievance regarding the inadequate waiver amount and directed the concerned authority to review the case, ensuring a fair hearing.
Issues: Whether the petitioner is entitled to a larger waiver under the Agricultural Debt Waiver Scheme.
Ratio Decidendi: The legitimacy of relying on the provisions of the Agricultural Debt Waiver and Debt Relief Scheme was upheld, emphasizing the need for proper review of waiver claims.
Final Decision: The petitioner's request for a complete waiver was not granted; the case was directed for reconsideration.
J U D G M E N T
The petitioner herein is seeking for a direction to the 5th respondent to waive the entire loan outstanding of the petitioner in terms of Exhibit P4 which is a Scheme namely Agricultural Debt Waiver and Debt Relief Scheme , 2008. According to the petitioner, he is a farmer who earns his livelihood by doing agricultural operations in his own land and in the land of others taken on lease. He owns an extent of 20 cents of land in Sy.No.293/7-1 of Ayarkunnam Village. He is a member of the 5th respondent with membership No.1813 and had availed an agricultural loan of `.1,75,000/- on 11.10.2006 as per loan account No.KCC.12/06. The petitioner applied for the agricultural loan under Kissan Credit Card Loan Scheme and he is an absolute credit card holder with account No.KCC.12/06. The repayment of the loan was to expire on 11.10.2009.
2. The petitioner, after coming into force of Exhibit P4 Scheme, made enquiries in the matter and found that only an amount of `10,000/- alone has been waived. According to him, W.P.(C)No.37046/08 -2-
more amounts had to be adjusted under the Scheme. Ultimately, he approached the Joint Registrar by filing Exhibit P11 representation.
3. Heard the learned counsel appearing for the 5th respondent-Bank. Since the petitioner has already approached the Joint Registrar in the matter, there will be a direction to the 4th respondent to take a decision on Exhibit P11, if it is not disposed of already on its merits, after hearing the petitioner and the 5th respondent within a period of three months from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
