The petitioner claims relief under the Kerala Co-operative Debt Relief Scheme/Co-operative Risk Fund Scheme - 2008, which is produced herein as Exhibit P1.
2. The petitioner's husband obviously took a loan on 20.01.2010 and he expired on 25.03.2011. Admittedly no contribution was taken as indicated in the Scheme, by the 3rd respondent. That definitely would be a default on the part of the 3rd respondent and that would not disentitle a person who is eligible under the Scheme.
3. The eligibility has to be considered on the terms of the Scheme. By Clause 4(b), it is indicated that only a loan in which default had been committed for less than six months prior to the death of the borrower, would be entitled to be considered under the Scheme. The intention seems to be to avoid habitual defaulters. The petitioner's husband's loan account was defaulted for more than what was provided under Clause 4(b). Hence, the petitioner is not entitled to claim any benefit under the Scheme.
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4. The learned counsel for the petitioner points out that there is a provision, by Clause 13(6), by which the Joint Registrar could relax the provisions of the Scheme. The Joint Registrar has not been given an unbridled power and it could be only subject to the recommendation of the Managing Committee of the Bank. Hence, there is no scope for issuing a direction to the Joint Registrar to consider Exhibit P6 representation, unless the Managing Committee of the Society recommends such case. Hence, if the petitioner moves an application before the Managing Committee of the Society, the Managing Committee can consider the same.
The writ petition is closed with the above observation, making it clear that this Court has not made any observation on the eligibility of the petitioner for such exemption. No costs.
vku.
Sd/- K.Vinod Chandran, Judge ( true copy )