R KAARUPPAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) HEARD Mr.R.Kaaruppan, the petitioner appearing in person in connection with his petition, which has been filed in public interest. In this petition, the prayer is for a direction upon the first and second respondents to extend the crop loan waiver scheme to all the farmers throughout India, irrespective of the area of lands held by them.

(2.) THE main thrust in the argument is that the Government of India has announced a waiver of Rs.71,360 Crores of loan taken by the farmers. Various newspaper reports and materials from the internet have been annexed to the writ petition to show that the policy which has been formulated in working out this aforesaid loan waiver scheme benefits only farmers having land upto 5 acres. THE petitioner submits that the aforesaid scheme, therefore, is discriminatory inasmuch as it excludes farmers having more than five acres of land from the benefit of the said scheme. THE petitioner further submits that despite the announcement of such waiver scheme, suicides by farmers go on unabated.

(3.) THE Court has considered the submission made by the learned counsel, who is appearing in person. On a prima facie consideration of the aforesaid submissions, this Court finds that no one has a right to get a waiver of the loan which he takes. When loan is taken either from a nationalized bank or a co-operative society, whether by a farmer or an artisan or a person who is a labourer or a person who is an unemployed young man, he takes such loan on the basis that he will repay it. Repayment of loans taken from public financial institutions is also in public interest since public money is involved. In the writ petition itself, there are averments that the farmers taking loan have a pious obligation to pay it back. THErefore, the writ petitioner himself admitted that there is no right in any one to get waiver in the matter of repayment of loan. Various statutes have been enacted like the Revenue Recovery Act, the Debt Relief Act, the Co-operative Societies Act, and subsequently, the Recovery of Debts Due to Banks and Financial Institutions Act and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, to control the grant of loan and ensure repayment thereof.