KOLLAM DISTRICT CO Vs. KERALA STATE COMMISSION FOR SCHEDULED CASTE AND SCHEDULED TRIBE AYYANKALI BHAVAN AND OTHERS

JUDGEMENT

(1.) WP(C).No.23832 of 2017 is a writ petition instituted challenging Ext.P1 order passed by the Kerala State Commission for Scheduled Castes and Scheduled Tribes (the Commission). WP(C). No. 13415 of 2018 is a writ petition instituted to implement Ext.P1 order in WP(C). No.23832 of 2017. The parties and Exhibits are referred to in the judgment as they appear in WP(C). No. 23832 of 2017.

(2.) The third respondent has availed a consumption loan from the petitioner bank. He did not repay the instalments of the loan. Consequently, proceedings have been initiated by the bank against the third respondent for realisation of the amounts due. At that point of time, the third respondent approached the Commission for waiver of the liability. On the said request, the Commission directed the petitioner to waive the interest and penal interest charged in the account of the third respondent and accept the principal amount towards full and final settlement of the liability. Ext.P1 is the order passed by the Commission in this regard. Ext.P1 is under challenge in the writ petition. The case of the petitioner is that the Commission has no authority to pass an order in the nature of Ext.P1.

(3.) Heard the learned counsel for the petitioner as also the learned counsel for the third respondent.