MATHEW D.ELAVUNKAL Vs. FEDERAL BANK LTD

JUDGEMENT

(1.) THE claim of the petitioner to have a total waiver of the amount due under the agricultural loan account, in terms of Agricultural Debt Waiver & Debt Relief Scheme 2008 (for which a 'small farmer' is entitled under the said Scheme), but for extending limited relief by way of 25% deduction as in the case of 'other farmers' is under challenge in this writ petition.

(2.) THE petitioner and his wife are agriculturists and they are stated as absolute owners of 5 Acres of agricultural land each. Both of them had approached the 1st respondent Bank and availed an agricultural loan of Rs.1.5 lakhs each, on 25.09.2000 and 26.09.2000 respectively. By virtue of crop failure and such other reasons, the petitioner and his wife could not effect the repayments on time. In view of the default, the 1st respondent Bank filed O.S.No.252/2004 before the Subordinate Judge's Court, Thalassery, which was decreed as per Ext.P2 verdict enabling the 1st respondent to realise a sum of Rs.5,41,332/- (Rupees five lakhs forty one thousand three hundred and thirty two) with interest. The decree amount was sought to be realised by the Bank by filing execution petition before the Court concerned.

(3.) WHILE so, the Kerala State Farmers Debt Relief Commission informed the petitioner as per Ext.P7 communication dated 04.07.2009 that, as per the Scheme of the Central Government, the arrears of the loan till 31.12.2007 had already been written off and as such, no further relief could be extended to the petitioner. Referring to the facts and events, the petitioner approached the 2nd respondent by filing Ext.P8 representation and thereafter approached this Court by filing W.P.(C). No.10660/2010. The writ petition was disposed of as per Ext.P9 judgment dated 29.03.2010, directing the 2nd respondent to consider Ext.P8, also in the light of Ext.P7 and pass appropriate orders. Pursuant the Ext.P9 verdict, the matter was considered by the 2nd respondent, who passed Ext.P10 order dated 18.10.2010, observing that, the petitioner had availed loan for cultivating the land having an extent of '7.50 Acres' in Sy.No.1293 of Ayyankunnu Village and hence was liable to be considered as 'other farmer' and not as a 'small farmer'. Accordingly, the claim for total waiver (available only to the 'marginal and small farmers') under the Scheme was rejected. This is under challenge in this writ petition.