1. Petitioner is aggrieved with Ext.P6 notice, which directed refund of amounts, which were earlier granted by the Government as relief. Ext.P6 refers to G.O.(MS)No.194/04/Revenue dated 9.6.2004. The said GO ordered moratorium on repayment of agricultural loans upto Rs.50,000/- for one year from 23.1.2004 to those loans which are taken by the farmers after 29.12.2001 from the co-operative societies and the interest on such loans was granted as relief. Considering the fact that many societies had approached the Government with false claims, a review was said to have been conducted and the petitioner society was directed to refund Rs.29,37,349/-.
2. Ext.P1 is the Government Order referred to in Ext.P6. Ext.P1 GO does not speak of any limit as to the principal amount. The said GO merely granted a moratorium with respect to levying of interest on loans which are pending after 29.12.2001. The moratorium was for a W.P.(C)No.16807 of 2007 -:2:-
period of one year starting from 23.1.2004 and it was also specified that the Government would re-imburse such interest liability and penal interest of the said period. Limit of Rs.50,000/- is stated in G.O.(MS)No.61/05/Revenue dated 1.3.2005, which is produced herein as Ext.P2. Ext.P2 specifically speaks of loans which are below Rs.50,000/. It is also specified that any agriculturist, who has availed one or more loans, would be entitled to such relief, if the principal amount is less than Rs.50,000/-. Learned counsel for the respondent would submit that as per Ext.P1, the petitioner had granted relief and now the Joint Registrar seeks to meddle with the order of the Government, insofar as the issuance of Ext.P2.
3. From Ext.P6 there is definitely some confusion with respect to the GO referred to therein. Definitely, Ext.P1 referred to in Ext.P6 does not speak of the limit of Rs.50,000/-. If, as submitted by the petitioner, interference in Ext.P6 is to the specific condition in Ext.P2, that cannot be upheld, since the Government Order cannot be W.P.(C)No.16807 of 2007 -:3:-
interpreted to the prejudice of the respondent bank, which granted relief. In any event, Ext.P6, to the extent it seeks refund from the petitioner, is set aside. The Government shall look into the matter and if at all any discrepancy is found, after issuing notice to the petitioner, proceedings shall be taken.
Writ petition is disposed off.
K. Vinod Chandran, Judge.
sl.