High Court of KeralaWP(C)/5407/2015disposed of

Joseph V.C. v. Kozhikode Primary Co-Op.Agrl.And Rural Development Bank Ltd

2015-02-26Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 5407 of 2015 (A) --------------------------- PETITIONER(S):

----------------- JOSEPH V.C., AGED 63 YEARS VANMELIL HOUSE MYLALLAMPARA P.O. PUTHUPPADY VIA KOZHIKOE-673 586. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S):

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1. KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.4362, THAMARASSERY, KOZHIKODE - 693 001 REP. BY ITS MANAGER.

2. MANAGER, KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.4362, THAMARASSERY, KOZHIKODE - 693 101.

R BY STANDING COUNSEL SRI.THOMAS ANTONY.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5407 of 2015 (A) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1: TRUE COPY OF THE ORDER PASSED BY THE KERALA STATE FARMERS DEBT RELIEF COMMISSION DT.26.11.10.

EXT.P2:TRUE COPY OF THE DEMAND NOTICE DT.24.5.13 ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXT.P3: TRUE COPY OF THE DEMAND NOTICE DT.18.3.14 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER.

EXT.P4: TRUE COPY OF THE REQUEST DATED 23.9.14 SUBMITTED BY THE PETITIONER TO THE RESPONDENT.

EXT.P5: TRUE COPY OF THE SALE NOTICE DTD. 31.1.15 RESPONDENT(S)' EXHIBITS : NIL ------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.5407 of 2015 --------------------- Dated this the 26th day of February, 2015

J U D G M E N T

The petitioner had altogether availed four loans from the first respondent Bank. Two loans (RHL 340-A & RHL 340-B) out of the above have been waived. This is so done by Ext.P1 order of the Kerala State Farmers' Debt Relief Commission.

2. The petitioner can avail the benefit of ASHWAS-2015 Scheme in respect of other two loans. Any motion made in that regard within one week from today shall be dealt with within two weeks therefrom. The first respondent Bank shall put the petitioner on notice before passing final orders.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.