High Court of KeralaWP(C)/37819/2010closed

Agasti v. State Of Kerala

2015-09-11Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 37819 of 2010 (B) ---------------------------- PETITIONER(S):

-------------------------- AGASTI, S/O.JOHN, KOMMATTATHIL, MUTHUKAD POST, CHAKKITTAPPARA PILLA PERUVANNA, KOZHIKODE DISTRICT.

BY ADVS.SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE AND CO- OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE KOYILANDY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.D-2020 PERAMBRA BRANCH, REPRESENTED BY ITS MANAGER PERAMBRA.P.O.-673 525, KOZHIKODE DISTRICT.

3. THE JUNIOR INSPECTOR/SPECIAL SALE OFFICER, KOYILANDY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.D-2020 P.O.BALUSSERY-673 612, KOZHIKODE DISTRICT.

4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FINANCIAL SERVICES MINISTRY OF FINANCE, NEW DELHI-110 001.

BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI BY ADV. SRI.B.V.JOY SANKER BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR BY ADV. SRI.E.M.ABDUL KHADER, GOVERNMENT PLEADER BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-092015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37819 of 2010 (B) APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------ EXHIBIT-P1-TRUE COPY OF AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008 AND THE GUIDELINES.

EXHIBIT-P2-TRUE COPY OF NOTICE DATED 27.10.2010 ISSUED UNDER SEC.19 OF KERALA STATE CO-OPERATIVE (AGRICULTURAL AND RURAL DEVELOPMENT BANK) ACT, 1984 R/W RULE 8 OF KERALA STATE COOPERATIVE AGRICULTURAL DEVELOPMENT BANK RULES BY THE THIRD RESPONDENT TO THE PETITIONER.

EXHIBIT-P3-TRUE COPY OF LETTER DATED 19TH AUGUST 2008 ISSUED BY THE FINANCE MINISTER OF INDIA TO THE SECRETARY GENERAL, LOK SABHA SECRETARIAT.

RESPONDENT(S)' EXHIBITS NIL --------------------------------------- R.AV //TRUE COPY// PA TO JUDGE

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.37819 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of September, 2015

J U D G M E N T

This writ petitioner is a debtor of the second respondent, Bank. The former is liable to pay Rs.58,518/- (Rupees Fifty eight thousand five hundred and eighteen only) to the latter for which it issued Ext.P2 sale proclamation under Section 19 of the Kerala State Cooperative (Agricultural and Rural Development Banks) Act. The counsel for the second respondent has filed a statement on 05.10.2012 stating that the petitioner has remitted Rs.43,490/- (Rupees Forty three thousand four hundred and ninety only) on 27.08.2012 and the balance amount of Rs.21,032/- (Rupees Twenty one thousand and thirty two only) has been waived under ASW scheme. It follows that the writ petition is only to be closed. In the result, this writ petition is closed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge