High CourtsSingle Bench(2012) 06 KL CK 0044

Pious Thomas vs Registrar of Co-Operative Societies Office of Ministry of Co-Operation, The Joint Registrar Kottayam District Co-Operative Bank Ltd., The General Manager Kottayam District Co-Operative Bank Ltd. and Kottayam District Co-Operative Bank

High Court Of Kerala · Decided on 19 June 2012

HON’BLE JUDGES
K. Surendra Mohan, J
CASE NUMBER
W.P (C) No. 14175 of 2012

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Judgment

2 paragraphs · 318 words

K. Surendra Mohan, J.—The petitioner claims to be an agriculturist, who has availed a loan of Rs. 8,45,000/- from the fourth respondent bank. He has defaulted repayment of the loan amount due to failure of crops. According to the petitioner, he is entitled to the benefit of a scheme announced by the State Government to help agriculturists like him. As per the scheme, Ashwas 2011 where the loan amount is less than Rs. 10 lakhs, the interest shall not exceed the principal amount. The petitioner claims that he is entitled to the benefits thereof, since the principal amount of his loan does not exceed Rs. 6 lakhs. He has therefore submitted Ext.P7 which is pending before the first respondent. He seeks the issue of appropriate directions for the consideration of Ext.P7. Shri. Sunil Cyriac, counsel for respondents 3 and 4 on the other hand points out that even according to the petitioner, as evident from Ext.P4, the petitioner had availed the loan for the purpose of trading in rubber. He had sustained losses due to the fluctuating price of rubber. Therefore, it is contended that the petitioner is not an agriculturist entitled to the benefits of the scheme, Ashwas 2011. It is also pointed out by the counsel that the term stipulated by the scheme has already expired and that the benefits thereof could be extended to the petitioner only if the period is extended by the first respondent.

2.

Since Ext.P7 is pending before the first respondent, it is only appropriate that the said authority considers the case of the petitioner, without further delay. This writ petition is accordingly disposed of directing the first respondent to consider Ext.P7 representation of the petitioner in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment.