Kerala High Court
C.A. Prathapan vs Thalassery Primary Co-Operative ...
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 25TH DAY OF MARCH 2014/4TH CHAITHRA, 1936
W.P.(C).No.16003 of 2013 (A)
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PETITIONER(S):-
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C.A. PRATHAPAN, S/O.ABRAHAM,
CHIRAKKAPURAYIDAM, SANTHIGIRI, KELAKOM VIA, KANNUR-670674.
BY ADVS.SRI.M.SASINDRAN
SRI.PRADEESH MATHEW.
RESPONDENT(S):-
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1. THALASSERY PRIMARY CO-OPERATIVE AGRICULTURAL
RURAL DEVELOPMENT BANK LTD. NO.F.1030,
THALASSERY - 670 101.
2. THE SECRETARY,
THALASSERY PRIMARY CO-OPERATIVE AGRICULTURAL RURAL
DEVELOPMENT BANK LTD.NO.F.1030 ,
THALASSERY - 670 101.
3. THE SUB REGISTRAR,
SUB REGISTRAR'S OFFICE, PERAVOOR,
KANNUR DISTRICT - 670 001.
* ADDITIONAL RESPONDENTS 4 & 5 IMPLEADED:
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ADDL.R4. STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIATE,
THIRUVANANTHAPURAM - 695 001.
ADDL.R5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM - 695 001.
* [ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED AS PER ORDER ON
I.A.NO.16239 OF 2013 DATED .12.2013].
** ADDITIONAL RESPODENT NO.6 IMPLEADED:
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ADDL.R6. SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
** [ADDITIONAL RESPONDENT NO.6 IS IMPLEADED AS PER ORDER ON
I.A.NO.1092 OF 2014 DATED 21.01.2014].
R1 & R2 BY ADVS. SRI.P.V.SURENDRANATH
SMT.BINDUMOL JOSEPH
SRI.B.S.SYAMANTHAK.
R3 TO R6 BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL.
'
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25-03-2014, ALONG WITH W.P.(C).NOS.26527 OF 2013-M AND30800 OF 2013-Y,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
WP(C).No.16003 of 2013 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS:-
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EXHIBIT P1 : TRUE COPY OF THE LOAN SANCTIONING ORDER MADE BY THE
1ST RESPONDENT BANK TO LATE ABRAHAM.
EXHIBIT P2 : TRUE COPY OF THE FORM CREATING GEHAN OVER THE LANDED
PROPERTY OF LATE ABRAHAM.
EXHIBIT P3 : TRUE COPY OF THE DEATH CERTIFICATE OF THE FATHER OF
THE PETITIONER ABRAHAM, DT.7-1-2008.
EXHIBIT P4 : TRUE COPY OF THE CERTIFICATE ISSUED FROM THE VILLAGE
OFFICE, KELAKOM SHOWING THE LEGAL HEIRS OF
LATE ABRAHAM DT.17-12-2012.
EXHIBIT P5 : TRUE COPY OF THE FINAL ORDER MADE BY THE KERALA STATE
FARMERS DEBT RELIEF COMMISSION, THRIRUVANANTHAPURAM
DT. 20-7-2011.
EXHIBIT P6 : TRUE COPY OF THE CASH RECEIPT DT.28-9-2012 FOR AN
AMOUNT OF RS.55,000/- ISSUED BY THE 1ST RESPONDENT BANK.
EXHIBIT P7 : TRUE COPY OF THE LETTER DT.23-1-2013 SENT BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P8 : TRUE COPY OF THE CIRCULAR NO.41/2012 DT.18-10-2012 ISSUED
BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM.
EXHIBIT P9 : TRUE COPY OF THE LAWYER NOTICE CAUSED BY THE
PETITIONER.
EXHIBIT P9(a) : TRUE COPY OF THE POSTAL RECEIPTS.
RESPONDENT(S)' EXHIBITS:-
---------------------------------------- NIL.
Vku/- ( true copy )
K. Vinod Chandran, J
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W.P.(C).Nos.16003 of 2013-A,
26527 of 2013-M &
30800 of 2013-Y
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Dated this the 25th day of March, 2014
JUDGMENT
The petitioners in W.P.(C).Nos.16003 of 2013 and 26527 of 2013 are borrowers from the respective respondents-Societies, in the two writ petitions. Both the petitioners had obtained orders of the Kerala State Farmers' Debt Relief Commission (for brevity "Debt Relief Commission"), granting certain benefits in their loan account. The petitioner in W.P.(C).No.16004 of 2013 was granted a benefit of Rs.55,000/-, while the petitioner in W.P.(C).No.26527 of 2013 was granted a benefit of Rs.1,00,000/-. The lend Banks were to be compensated by the State Government to the extent of the relief granted by the Debt Relief Commission.
2. Despite the respective orders produced in the writ petitions having been passed on 20.07.2011 and 28.01.2007, nothing was done by the Government. The Bank also refused to comply with the order of the Debts Relief Commission and refused release of the documents pledged by the petitioners, as security for the loan availed. WP(C).No.16003 of 2013 & - 2 - connected cases.
Admittedly in both the cases, the petitioners have complied with the order of the Debt Relief Commission and satisfied the entire amounts which were determined as their liability, after the concession, and payment directed within a specified date.
3. W.P.(C).No.30800 of 2013 is filed by the respondent-Bank in W.P.(C).No.26527 of 2013, challenging the order of the Debt Relief Commission and the Circular of the Registrar. Evidently such challenge has been made after six years, as a counter-blast to W.P.(C).No.26527 of 2013, in which the borrower had claimed return of the documents pledged with the Bank. It is not as if, the lendor Bank, was not aware of Exhibit P1. The amounts which were the liability of the borrower as per Exhibit P1 were also satisfied within the time stipulated. It was for the respondent-Bank to have taken proceedings against the State, at that point of time or challenged Exhibit P1 order. The respondent-Bank rested contend, with the refusal to handover the documents. The claim of the respondent-Bank as urged by the learned counsel appearing for the Bank, is that the Bank has been deprived of the interest for the last seven years for the amounts, which, now has been compensated by the State. In view of the finding that the Bank, had not taken steps at WP(C).No.16003 of 2013 & - 3 - connected cases.
the appropriate time, this Court finds that the Bank is not entitled to any interest for the amount so granted as per the order of the Debt Relief Commission. The writ petition filed by the Bank, hence, is found to be devoid of merit.
4. In the circumstance of the State having filed a counter affidavit clearly stating that the relief granted by the Debt Relief Commission, minus, the relief received from the Central Government, has been remitted to the two respective Banks, it is for the respective Banks to return the documents to the petitioners-borrowers. There shall hence, be a direction to the 1st respondent in W.P.(C).No.16003 of 2013 and the 3rd respondent in W.P.(C).No.26527 of 2013 to return the documents within a period of three weeks from the date of receipt of a copy of this judgment to the respective petitioners.
W.P.(C).Nos.16003 of 2013 and 26527 of 2013 are allowed; and W.P.(C).No.30800 of 2013 stands dismissed. No costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
( true copy )