High Court of KeralaWP(C)/28096/2015disposed of

Thankamony K. v. The Kerala Farmer'S Debt Relief Commission

2015-09-22Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 WP(C).NO. 28096 OF 2015 (J) ---------------------------- PETITIONER(S):

-------------- THANKAMONY K.,AGED 50 YEARS S/O.KUNJU KRISHNAN NADAR VARUVILAKOM PUTHAN VEEDU HOUSE, KONNANNURKONAM KUNNATHUKAL, KARAKONAM PO, NEYYATTINKARA TALUK THIRUVANANTHAPURAM DT. 695504 BY ADVS.SRI.SHOBY K.FRANCIS SMT.AGI SHOBY RESPONDENT(S):

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1. THE KERALA FARMER'S DEBT RELIEF COMMISSION REPRESENTED BY ITS SECRETARY OFFICE OF THE KERALA FARMERS DEBT RELIEF COMMISSION AGRI URBAN MARKET, VENPALAVATTAM, ANAYARA PO THIRVANANTHAPURAM DISTRICT 695504

2. STATE BANK OF TRAVANCORE DHANUVACHAPURAM BRANCH, DHANUVACHAPURAM PO THIRUVANANTHAPURAM DISTRICT 695503 REPRESENTED BY ITS SENIOR MANAGER

3. DEPUTY TAHASILDAR REVENUE RECOVERY, NEYYATTINKARA TALUK NEYYATTINKARA PO, THIRUVANANTHAPURAM 695504 BY GOVERNMENT PLEADER SMT.LILLY K.T BY SRI.SANTHOSH MATHEW BY SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 28096 OF 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1:TRUE COPY OF THE RELEVANT PAGE OF THE BANK PASS BOOK ISSUED BY THE 2ND RESPONDENT DATED 18.05.2006 P2:TRUE COPY OF THE REQUEST DATED 15.04.2009 SUBMITTED TO THE REGIONAL OFFICE BY THE PETITIONER P3:TRUE COPY OF REQUEST DATED 30.04.2014 SUBMITTED TO THE SECOND RESPONDENT AND ITS CHIEF MANAGER BY THE PETITIONER P4:TRUE COPY OF COMPLAINT DATED 16.08.2014 SUBMITTED BY THE PETITIONER TO THE GOVT. SECRETARY P5:TRUE COPY OF MANORAMA DAILY DATED 20.08.2015 P6:TRUE COPY OF DEMAND NOTICE DATED 24.07.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER P7:TRUE COPY OF RECOVERY NOTICE DATED 24.07.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER P8:TRUE COPY OF DEMAND NOTICE DATED 10.08.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P9:TRUE COPY ORDER DATED 26.08.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER RESPONDENT(S)' EXHIBITS:NIL -------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- ----------------------------------- Dated this the 22nd day of September, 2015

J U D G M E N T

The petitioner, who had availed of an agricultural loan from the 2nd respondent bank under the "Kissan Credit Scheme Loan", defaulted in repayment of the same. Consequently, the respondent banks initiated proceedings under the Kerala Revenue Recovery Act to recover the loan amounts. In the writ petition, the petitioner impugns the steps initiated by the respondent bank for recovery of the loan amounts.

2. I have heard the learned counsel appearing on behalf of the petitioner as also the learned Standing counsel appearing on behalf of the respondent bank and also the learned Government Pleader.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioner is to permit him to remit the balance amounts outstanding to the respondent bank in easy instalments. Taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:-

(i) The total amount outstanding from the petitioner to the respondent bank is stated to be Rs.40,187/- together with accrued interest. Accordingly, if the petitioner pays the aforesaid amount of Rs.40,187/- together with accrued interest in 12 equal and successive monthly instalments commencing from 15.10.2015, the recovery steps initiated against the petitioner by the respondent Bank shall be kept in abeyance. (ii) It is made clear that, if the petitioner commits a default in respect of any of the instalments, he will lose the benefit of this judgment and the respondents will be free to continue the recovery proceedings against them from the stage at which they presently stand. (iii) I make it clear that, nothing in this judgment shall stand in the way of the 2nd respondent bank considering Ext.P3 representation by the petitioner for the extension of benefits under the One Time Settlement Scheme.

Considering the plight of the petitioner, who is stated to have suffered considerable loss in her agricultural activity, the 2nd respondent bank shall consider the case of the petitioner sympathetically and accord the maximum possible accommodation to the petitioner in the matter. The 2nd respondent

bank shall take a decision with regard to the extension of one time settlement facility to the petitioner within a period of one month from the date of receipt of a copy of this judgment.

A.K.JAYASANKARAN NAMBIAR JUDGE mns