KRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions are filed by an organisation of farmers known as Kerala State Farmers Relief Forum of Kozhikode District as well as individual farmers, seeking for the benefit of Debt Relief and Debt Waiver Scheme in respect of marginal, small and other farmers under a circular issued by the Reserve Bank of India dated 23.5.2008 as well as another circular dated 30.5.2008, produced as Exts.P1 and P2.

(2.) IN the first batch of cases, viz. W.P.(C) No.15879/2012 and connected cases, they have made a prayer to direct the Central Government to extent the benefit of these two circulars produced as Exts.P1 and P2 and write off their liabilities to the respective Banks. In the second batch of cases, vizs. W.P.(C) No.23779/2012 and connected cases also, the very same prayer has been made, apart from seeking ancillary reliefs. Therefore, all the matters have been considered together.

(3.) THE petitioners are relying upon Exts.P1 and P2 circulars. The individual Banks have granted loans during the years 2004, 2005 and 2006. According to them, the marginal and small farmers are eligible for various benefits provided under the circulars, for waiver and as far as other farmers are concerned, they are entitled for the benefit of one time settlement scheme. But the Banks have adopted a method to deny the benefit to them, viz. by collecting the interest and renewing the loans. It is submitted that the same will not defeat the claims of the petitioners. The petitioners have given in detail the amounts availed of by them, the date of loan and the extent of property mortgaged. Therefore, the general complaint raised is that they were forced to pay interest and thereby they are denied the benefit of the scheme. It is prayed that the restructuring of the loan in the year 2007 shall not defeat their claims. The organisation, viz. Kerala State Farmers Relief Forum, has been making various representations in the matter and Ext.P3 is the copy of one of such representations.