P.S. John; P.L. Thresiamma; P.J. Fabianose v. Joint Registrar of Co-operative Societies (General), Alappuzha; The Alappuzha District Co-Operative Bank Ltd., represented by its General Manager, Alappuzha; The Nodal Officer, Alappuzha District Co-Operative Bank, Cherthala Branch, Cherthala; Arthunkal Village Service Co-Operative Bank Ltd. No.3772, Arthunkal P.O., Cherthala, Alappuzha

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN** ## **MONDAY, THE 21ST DAY OF MAY 2012/31ST VAISAKHA 1934** ## **WP(C).No. 1580 of 2010 (V)** ## **--------------------------** ## **PETITIONER(S):** - **------------------------** **1. P.S.JOHN, POLLAYIL JOSE VILLA, WARD NO.14, CHERTHALA SOUTH PANCHAYATH,CHERTHALA.** **2. P.L.THRESIAMMA, DO....DO..** **3. P.J.FABIANOSE, PUNNACKAL, ARTHUNKAL PO.,CHERTHALA.** **BY ADV. SRI.J.OM PRAKASH** ## **RESPONDENT(S):** **---------------------------** **1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ALAPPUZHA.** **2. THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, ALAPPUZHA P.O.** **3. THE NODAL OFFICER, ALAPPUZHA DISTRICT CO-OPERATIVE BANK, CHERTHALA BRANCH, CHERTHALA P.O.** **4. THE ARTHUNKAL VILLAGE SERVICE CO-OPERATIVE BANK LTD. NO.3772, ARTHUNKAL PO., CHERTHALA, ALAPPUZHA.** **R1 BY GOVERNMENT PLEADER SMT. M.P.SHEEBA R2 & R3 BY ADV. SRI.GEORGE POONTHOTTAM,SC, ALAPPUZHA DIST.CO.OP BANK SRI.P.K.VIJAYAMOHANAN,SC R4 BY ADVS. SRI.V.G.ARUN** **SRI.T.R.HARIKUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Kss** ## **WPC.NO.1580/2010 V** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **P1: COPY OF THE RELEVANT PAGES OF THE KISAN CREDIT CARD ISSUED TO THE FIRST PETITIONER DTD. NIL.** - **P2: COPY OF THE RELEVANT PAGES OF THE KISAN CREDIT CARD ISSUED TO THE 2ND PETITIONER DTD. NIL.** - **P3: COPY OF THE RELEVANT PAGES OF THE KISAN CREDIT CARD ISSUED TO THE 3RD PETITIONER DTD.NIL.** - **P4: COPY OF THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME,2008 REPRODUCED AND CIRCULATED BY THE SECOND RESPONDENT DTD. NIL.** - **P5: COPY OF THE REPRESENTATION OF THE FIRST PETITIONER DTD. 31/07/2009.** - **P6: COPY OF THE REPRESENTATION OF THE FIRST PETITIONER DTD. 31/07/2009.** - **P7: COPY of the REPRESENTATION OF THE 3RD PETITIONER DTD. NIL.** ## **RESPONDENT'S EXHIBITS: N I L** ## **/TRUE COPY/** ## **P.S.TO JUDGE** **Kss** ## **P.N.RAVINDRAN, J.** ## **----------------------------------------W.P(C).No.1580 of 2010 ----------------------------------------Dated this the 21[st] day of May, 2012** ## **JUDGMENT** The petitioners, three in number, availed agricultural loans under the Kisan Credit Card Scheme from the 4[th] respondent bank. As per the Kisan Credit Cards issued by the 4[th] respondent bank, petitioners 1 and 2 are entitled to avail a maximum amount of Rs..2,00,000/- and the third petitioner was entitled to avail a maximum amount of Rs.3,00,000/- as loan. The loans were sanctioned on 11.7.2006, 19.5.2005 and 10.5.2005 respectively. The petitioners were making periodical withdrawals from the Kisan Credit Card accounts and making periodical repayments. After the petitioners availed the loans, the Central Government introduced the Agricultural Debt Waiver and Debt Relief Scheme, 2008. The petitioners thereupon filed Exts.P5, P6 and P7 representations before the third respondent claiming relief under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. The instant writ petition was thereafter filed seeking the following relief:- _“i. Issue a writ of mandamus directing respondents to give the benefit of Ext.P4_ ## **W.P(C).No.1580 of 2010** -:2:- _scheme to the petitioners and write off the liabilities accordingly and release the documents of the petitioners.”_ The sole contention raised by the petitioners is that all the petitioners were in arrears as on 31.12.2007 and therefore, they are entitled to relief under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. 2. The first respondent has filed a counter affidavit dated 22.9.2011. In paragraph 4 thereof it is stated as follows:- _“4. In the above context, it is submitted that the agricultural loans that are overdue on 31.12.2007 and remaining unpaid until 29.2.2008 alone are eligible to writ off under the above said Debt Relief Scheme of Central Government. But so far the agricultural loans availed by the petitioners, the same is under Kisan Credit Card Account, which is given to them on overdraft facilities. The said account can be renewed every year and even a single withdrawal will keep it alive in the event of which the question of overdues does not arise. Hence even a single withdrawal from the above account within a year between 1.1.2007 to 31.12.2007 would make the loan account of the petitioners as not overdue loan holders.”_ 3. I heard Sri.J.Omprakash, learned counsel appearing for the petitioners, Smt.M.P.Sheeba, learned Government Pleader ## **W.P(C).No.1580 of 2010** -:3:- appearing for the first respondent, Sri.George Poonthottam, learned counsel appearing for respondents 2 and 3 and Sri.T.R.Harikumar, learned counsel appearing for the 4[th] respondent. Sri.J.Omprakash, learned counsel appearing for the petitioner contended, relying on Explanation 4 to paragraph 3 and paragraph 4.1 of the Agricultural Debt Waiver and Debt Relief Scheme, 2008, that loans taken under Kisan Credit Cards are also covered under the Scheme, that loans were disbursed to the petitioners before 31[st] March, 2007 and it was overdue from them as on 31.12.2007 and remained unpaid till 29.2.2008 and therefore, the petitioners are entitled to the benefits under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. Per contra, learned counsel appearing for the respondents contended that the Kisan Credit Cards were valid for a period of 36 months, that the said period of 36 months had not expired on 31.12.2007 and therefore, it cannot be said that any amount was overdue from the petitioners on 31.12.2007 or that it had remained unpaid till 29.2.2008 and that the loans disbursed to the petitioners would have become overdue only on the expiry of the period of 36 months mentioned in the Kisan Credit Cards or in the event of the bank foreclosing the loans and demanding repayment. The ## **W.P(C).No.1580 of 2010** -:4:- learned counsel contended that in such circumstances as the loans disbursed to the petitioners were not overdue as on 31.12.2007, the petitioners are not entitled to any benefits under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 . 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Explanation 4 to paragraph 3 of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 reads as follows:- _“Explanation: 1, 2 and 3 omitted._ _4. Direct agricultural loan taken under a_ _Kisan Credit Card would also be covered under this Scheme subject to these Guidelines.”_ Paragraph 4.1 which is relevant for the purpose of the case reads as follows:- _“4.1. The amount eligible for debt waiver or_ _debt relief, as the case may be (hereinafter referred to as the 'eligible amount'), shall comprise of:_ - _(a) in the case of a short-term production loan, the amount of such loan (together with applicable interest):_ - _(i) disbursed up to March 31, 2007 and overdue as on December 31, 2007 and remaining unpaid until February 29, 2008.;_ - _(ii) restructured and rescheduled by banks in_ ## **W.P(C).No.1580 of 2010** -:5:- _2004 and in 2006 through the special packages announced by the Central Government, whether overdue or not; and (iii) restructured and rescheduled in the normal course upto March 31, 2007 as per applicable R.B.I. Guidelines on account of natural calamities, whether overdue or not.”_ A Division Bench of this Court recently considered paragraph 4.1 of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 in _**Federal Bank Ltd. v. Baby,**_ 2012 (1) KLT 417 and held that to get the benefit under the Scheme the following conditions should be satisfied as required under sub-clause (1) of paragraph 4:- _i) The loan should have been disbursed upto 31[st] March, 2007._ _ii) The loan should be overdue as on 31.12.2007._ _iii)The loan should remain unpaid until 29[th] February, 2008._ In the instant case, apart from the fact that loans have been disbursed prior to 31.12.2007, it cannot be said that the loans were overdue as on 31.12.2007 and had remained unpaid till 29.2.2008. The petitioners had time till 10.7.2009, 18.5.2008 and 9.5.2008 respectively, namely the period during which the Kisan Credit Cards issued to them were valid to repay the loans ## **W.P(C).No.1580 of 2010** -:6:- availed by them . In such circumstances it cannot be said that the loans availed by them were overdue as on 31.12.2007. If that be so, the mere fact that the loans had been disbursed to them prior to 31.12.2007 is not a reason to hold that the petitioners are entitled to benefits under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. I accordingly hold that the demand made by the petitioner is not sustainable. The writ petition fails and is accordingly dismissed. No costs. **P.N.RAVINDRAN, Judge.** **ahg.** **P.N.RAVINDRAN, J. --------------------------W.P(C).No.1580 of 2010 ----------------------------** ## **JUDGMENT** **21[st] May, 2012**