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P.C.Mathew

High Court Of Kerala|11 December, 2014
|

JUDGMENT / ORDER

The petitioners are aggrieved with the non-consideration of relief under Ext.P1 Scheme. Ext.P1 scheme of Agricultural Debt Waiver and Debt Relief Scheme of 2008 granted certain reliefs to which the petitioners were entitled to, is the contention. The petitioners were once before this court, in which writ petition was disposed of by Ext.P2, directing the Grievance Redressal Officer to consider the claim of the petitioners, without expressing anything on the merits. The learned counsel for the petitioner submits that Ext.P3 to Ext.P6 reveal such consideration and the petitioners were all found to be entitled to the scheme. 2. The learned counsel for the first respondent would contend that notices were issued to them only in the year 2014. The first respondent admits Ext.P3 to Ext.P6. However, the implementation agency of Ext.P1 scheme was the NABARD. The first respondent, it is submitted, included the claims of the petitioners when relief was sought for from WPC.No.11704/2010 : 2 :
the NABARD, which application is sent through the District co-operative Bank. The said applications are stated to have been rejected by the NABARD . It is also submitted that in any event at this point of time, the Scheme is not applicable and the petitioner cannot claim for a consideration under the said scheme.
3. On going through the proceedings, it is noticed that writ petition itself was admitted on 06.04.2010 and no notice was sent to the respondent and no service was effected. Subsequently, by order dated 12.06.2014, fresh steps were directed against the respondent and only on such notice being received, the first respondent the 6th respondent appeared before this Court. It is to be noticed that in the meanwhile, the Government of India, Ministry of Finance has come out with Circular No.F No.3/9/201/Ac dated 11.01.2013 which clearly indicates that the debt relief scheme has been closed as early as on 30.06.2010. In such circumstance, the petitioners are found to have been not diligent in prosecuting their claims.
Writ petition would stand dismissed.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge
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Title

P.C.Mathew

Court

High Court Of Kerala

JudgmentDate
11 December, 2014
Judges
  • K Vinod Chandran
Advocates
  • V V Suresh
  • Sabu E G
  • Sri
  • P M Sebastian