Madras High CourtWP(MD)/6143/2013disposed of

S. Mariappan, v. The Union Of India,

2018-03-05Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 05.03.2018 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.6143 of 2013 and M.P(MD).No.1 of 2013 S.Mariappan .. Petitioner -Vs1.The Union of India, rep. by its Secretary to Government, Ministry of Finance, Room No.134, North Block, New Delhi - 110 001.

2.The Branch Manager, Canara Bank, Chidambaranagar, Tuticorin.

.. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to extend the benefit given under Agriculture Debt Waiver and Debt Relief Scheme 2008, dated 23.05.2008 by the 1st respondent in regard to the Investment Loan (Tractor) granted in Loan No.128485610290 to the petitioner.

For petitioner : Mr.G.Thalaimutharasu for Mr.K.Gurunathan For Respondent 1 : No Appearance For Respondent 2 : Mr.C.Karthik

O R D E R

This Writ petition has been filed seeking direction to 2nd respondent to waive the loan availed by the petitioner, under the Agriculture Debt Waiver and Debt Relief Scheme 2008, dated 23.05.2008 by the 1st respondent.

2.According to the petitioner, he is an agriculturist having small extent of land and eking out his livelihood from the meagre income derived from the agriculture. Earlier, the petitioner approached the 2nd respondent for sanctioning loan for purchasing tractor and trailer and after satisfying the eligibility conditions, the loan was sanctioned in the year 2006. Due to severe drought, the first respondent has announced Agriculture Debt Waiver and Debt Relief Scheme 2008, dated 23.05.2008, to give reliefs to agriculturists who have affected by the drought. According to the https://hcservices.ecourts.gov.in/hcservices/

petitioners he is entitled to get the relief under the said scheme, hence he gave a representation to the 2nd respondent to get benefit under the said scheme. Since no order has been passed so far, the present writ petition has been filed.

3.Considering the facts and circumstances, the petitioner is only seeking relief under the Agriculture Debt Waiver and Debt Relief Scheme 2008, dated 23.05.2008, without going into the merits whether the petitioner is entitled to the said scheme, this Court is of the view that it would suffice to direct the 2nd respondent to consider the application filed by the petitioner and pass suitable orders on merits within a period of six weeks from the date of receipt of the copy of this order.

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

Sd/- Assistant Registar(CSIII) /True Copy/ Sub-Assistant Registrar To The Secretary to Government, The Union of India, Ministry of Finance, Room No.134, North Block, New Delhi - 110 001.

+One cc to M/s.G.Thalaimutharasu, Advocate, SR.No.53530 RM RL/3c/2p/SV/MMS/SAR2/26/3/2018 Writ Petition (MD)No.6143 of 2013 and M.P(MD).No.1 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 05.03.2018. (6/7)