NARAYANIKUTTY AMMA Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) What is the scope of the Kerala Agricultural Debtors (Temporary Relief) Act, 2001 (Act 19 of 2001) Is it limited only to the agricultural debtors whose debts below Rs. 50,000/- had become overdue as on 29.12.2001 or does it apply to all small agricultural debtors as on 29.12.2001, whose debts had not become overdue as on 29.12.2001.

(2.) Ext. P2 circular issued by the first respondent is under challenge. By Ext. P2 the first respondent attempted to provide a restricted meaning to the expression debt in the Kerala Agricultural Debtors (Temporary Relief) Act, 2001 (Act 19 of 2001) (hereinafter referred to as the Act). S.2(v) of the Act defines debts as follows: -

(3.) In Ext. P2 circular the first respondent is however, of the view that the expression debt would only mean a debt which has become overdue. He relies on S.5(1) which reads as follows: -