GEORGE KURIYAPILAKKAL Vs. SECRETARY

JUDGEMENT

(1.) THE appellant is the petitioner in W.P(C) No.3844/2012. He had availed three different agricultural loans for Rs.3,90,200/- from the 1st respondent bank for the development of his poultry farm, diary farm and sericulture. But the above agricultural operation went into loss upsetting the loan repayment. An amount of Rs.5,50,000/- with interest was due to the Bank and several opportunities had been given to the appellant to pay back the debt amount. On default the sale was effected on 14.3.2003. Long after the confirmation of the sale, the appellant moved the Kerala State Farmers Debt Relief Commission claiming benefit and the Commission granted a relief to the tune of Rs.1,00,000/- to the appellant. Despite the relief granted by the Commission, the appellant could not remit the balance amount. THEreafter he approached this Court and prayed for issuing a writ of mandamus or direction, directing the respondent Bank to re- convey the auctioned property, on payment of amount due to the Bank within four months.

(2.) ON 21.3.2012 this Court passed the impugned judgment directing the appellant to remit Rs.9,90,108/- on or before 30.4.2012 and further directing the respondent Bank to re-convey the property, in the event of payment within the said time. The appellant challenged the impugned judgment on various grounds. But now the counsel for the appellant submits that inpsite of earnest efforts, the appellant could not remit the amount. The appellant prays for extension of time for a further period of four months.

(3.) IN the above circumstances the impugned judgment will stand modified to the extent that appellant shall on or before 31.5.2012, remit with the respondent Bank a sum of Rs.3,00,000/-. Thereafter the appellant shall remit the balance amount of Rs.6,90,108/- within two months from 31.5.2012. If the appellant remits the amount as directed above, other directions 2 to 4 specified in the impugned judgment will follow as such. The impugned judgment will stand modified to the above extent.