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Madras High CourtWP(MD)/2705/2013disposed of

A.Saraswathi v. The Union Of India,

2017-11-17Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.2705 of 2013 and M.P.(MD) No.2 of 2013

1. A.Saraswathi

2. Munusamy @ Muniappan ... Petitioners -vs1.

The Union of India, Rep. by Secretary, Finance Department, New Delhi.

2.

The Secretary, Rep. by the Secretary, Department of Agriculture, Government of India, New Delhi.

3.

The Manager, State Bank of India, Kodumudi Branch, Erode, Tamil Nadu.

4.

The Project Officer, District Rural Development Agency, Karur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd Respondent to waive the loans of the petitioner under various loan waiver schemes introduced by the 1st Respondent for the small and marginal farmers periodically, including the Agriculture Debt Waiver and Debt Relief Scheme 2008 or any other scheme applicable to the petitioners as small and marginal farmers and pass such further or other orders.

For Petitioners : M/s.D.Geetha For R1 & R2 : Mr.C.Nandagopal For R3 : Mr.N.Murugesan For R4 : Dismissed

O R D E R

This writ petition has been filed, seeking to direct the 3rd Respondent to waive the loans of the petitioner under various loan waiver schemes introduced by the 1st Respondent for the small and marginal farmers periodically, including the Agriculture Debt Waiver and Debt Relief Scheme 2008 or any other scheme applicable to the petitioners, who are small and marginal farmers.

2. According to the learned counsel for the petitioners, for availing loans applicable to the small and marginal farmers like that of the petitioners, one Sangam had submitted a representation to the respondents as early as on 27.11.2012 and the same is still kept pending without consideration.

3. The learned counsel appearing for R1 to R3 would submit that if a reasonable time is granted to the respondents 1 to 3, the said representation will be considered and suitable orders be passed, if not already passed.

4. In view of the above submissions, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 to 3 to consider the representation dated 27.11.2012 submitted by the Sangam, if not considered earlier and pass suitable orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.

The Secretary, Finance Department, Union of India, New Delhi.

2.

The Secretary, Agriculture Department, Government of India, New Delhi.

+1cc to Mr.N.Murugesan, Advocate Sr.No.87769 +1cc to Mr.C.Nandagopal, Advocate Sr.No.87768 +1cc to M/s.D.Geetha, Advocate Sr.No.87844 +1cc to Spl.Government Pleader Sr.No.88180 AR VB/MR/KKR/SAR2/04/12/2017/3P/7C W.P(MD) No.2705 of 2013 17.11.2017