LAWS(KER)-2018-7-1132

THATHAMANGALAM SERVICE Vs. P BALACHANDRAN S/O PAZHANIMALA

Decided On July 31, 2018
Thathamangalam Service Appellant
V/S
P Balachandran S/O Pazhanimala Respondents

JUDGEMENT

(1.) Agricultural Debt Waiver and Debt Relief Scheme, 2008, was floated by the Government of India granting benefits of debt waiver and debt relief to eligible farmers. The eligibility criteria is as given in the Scheme. The writ petitioners claimed the benefit of debt waiver under the Scheme. The same was originally rejected, against which they approached this Court in W.P.(C) 21746 of 2009 and connected cases. This Court, on a prima facie opinion that they seem to be entitled for the benefit of the Scheme, directed the Grievance Redressal Officer constituted under the Scheme to reconsider the matter. The role of the Grievance Redressal Officer under the Scheme has been stated in Clause 10.2 of the Scheme which reads as under:

(2.) The Grievance Redressal Officer without considering the applications on merits forwarded the same to the District Co-operative Bank. Since under the Scheme the Grievance Redressal Officer himself was required to consider the grievance, W.P.(C) No.3266 of 2010 and connected cases were filed by the beneficiaries. This Court directed the Grievance Redressal Officer to consider the claims and pass appropriate orders.

(3.) Thereafter the Grievance Redressal Officer found the writ petitioners to be eligible for the benefit of debt waiver under the Scheme and issued Ext P4 communication dated 12.03.2010 to the NABARD who is the nodal agency under the Scheme. In spite of the said communication, since the benefits were not extended to the beneficiaries, the present writ petitions were filed.