IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940 WP(C).No. 38030 of 2018 PETITIONER/S:

1 P. SWAYAMPRABHA ALIAS PRABHA AGED 61 YEARS W/O.LATE P. BALAKRISHNAN, RESIDING AT POOKKOOTTU HOUSE, BEHIND R.M. HOSPITAL BEYPORE, KOZHIKODE -673015. 2 NICEROOP.P.

AGED 36 YEARS S/O.LATE P.BALAKRISHNAN, RESIDING AT POOKKOOTTU HOUSE, BEHIND R.M.HOSPITAL, BEYPORE, KOZHIKODE - 673 015.

3 NIMISHA.P.

AGED 31 YEARS D/O.LATE P.BALAKRISHNAN, RESIDING AT POOKKOOTTU HOUSE, BEHIND R.M.HOSPITAL, BEYPORE, KOZHIKODE - 673 015.

BY ADVS.

SRI.C.SIVADAS SRI.VICTOR ANTONY NOONE SRI.V.K.PRASAD RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF CO OPERATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, 695001

2 KERALA CO-OPERTIVE DEVELOPMENT WELFARE FUND BOARD GANDHARI AMMAN KOVIL ROAD, STATUE, THIRUVANANTHAPURAM - 695 001, REP. BY ITS CHAIRMAN HON'BLE MINISTER FOR CO-OPERATION, GOVERNMENT OF KERALA.

3 THE AUTHORISED OFFICER THE CALICUT CO-OPERATIVE URBAN BANK LTD.NO.1538, KALLARI ROAD, KOZHIKODE - 673 002.

4 THE CALICUT CO-OPERATIVE URBAN BANK LTD.NO.1538 BEYPORE BRANCH, KOZHIKODE - 673 015, REP. BY ITS MANAGER.

5 JOINT REGISTRAR (GENERAL)

OFFICE OF THE JOINT REGISTRAR (GENERAL), PUTHIYARA, KOZHIKODE - 673 004.

6 ASSISTANT REGISTRAR (GENERAL)

OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), PUTHIYARA, KOZHIKODE - 673 004.

BY ADVS.

SRI.DEVAPRASANTH.P.J.

SRI.P.C.SASIDHARAN, SC, KOLLAM DISTRICT CO-

OPERATIVE BANK LTD.

SMT.AMMINIKUTTY-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners are stated to be the legal heirs of deceased Sri.P.Balakrishnan, who had availed of a loan of Rs.3 lakhs in the year 2011 from the 4^th respondent Bank. They say that Sri. P.Balakrishnan unfortunately died on 07.06.2013 and therefore, that he is entitled to the benefits under the 'Kerala Risk fund Scheme 2008', thus causing substantial portions of the loan to be written off under its mandate. Their grievance in this writ petition is that the respondent Bank did not do so and therefore, that the 2^nd respondent-Kerala Co- operative Development Welfare Board be directed to consider their entitlement under the scheme and take appropriate action.

2. I notice that a counter affidavit has been filed on behalf of the 2^nd respondent- Welfare Fund Board, wherein they say that the aforementioned Sri.P.Balakrishnan is not entitled to the benefits under the Scheme because the terms of the said Scheme would become applicable only in the case of lions, the period of which will be over before the borrower attains 65 years of age. They say that in the case at hand, the loan taken by deceased Sri.P.Balakrishnan on 16.12.2011 and that the period of loan was up to 16.12.2017, when he would have attained 75 years. They therefore, say that the contentions of the petitioners regarding the eligibility of Sri.P.Balakrishnan to the benefits under the Scheme is untenable and without merit.

3. When this matter was taken up today, it has been brought to my notice by the learned Standing Counsel for the respondent- Bank that the Kerala Risk Fund Scheme 2008 had been subsequently amended, whereby its terms have been modified, and that the legal heirs of a deceased borrower will be entitled to the benefits under it, if the borrower had died or had been inflicted with a very serious decease before he turned 70 years in age; and that this amendment was obviously not adverted to by the 2^nd respondent while considering the entitlement of the petitioners.

4. The learned Standing Counsel for the

2^nd respondent-Welfare Fund Board says that they had taken a decision on the entitlement of the petitioners based on the Scheme, as it stood in the year 2008, and that if there is an amendment, as is now stated by the learned Standing Counsel for the Bank, they are willing to re-consider the petitioners'

entitlement as per law.

5.