Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE31T DAY OF OCTOBER20139TH KARTHIKA, 1935 WP(C).No.915 of 2013 (L) -------------------------- PETITIONER: ---------- MOHANAN AYYAPPAN, AGED44YEARS, S/O.LATE NEELAKANDAN AYYAPPAN, KARROT OLIKKAL, POTHANIKADU P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV.SRI.ALIAS M.CHERIAN RESPONDENTS: ------------ 1. KERALA CO-OPERATIVE DEVELOPMENT WELFARE FUND BOARD, GHANDHARI AMMAN KOVIL ROAD, STATUE JUNCTION, THIRUVANANTHAPURAM, PIN - 695 001, REPRESENTED BY ITS SECRETARY.
2. POTHANIKADU FARMERS CO-OPERATIVE BANK LTD., NO.3510, POTHANIKADU P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 686 671. R1 BY ADV. SRI.NAGARAJ NARAYANAN R1 BY ADV. SRI.SAIJO HASSAN R1 BY ADV. SRI.BENOJ C AUGUSTIN R1 BY ADV. SRI.I.J.AUGUSTINE R1 BY ADV. SRI.SEBIN THOMAS R1 BY ADV. SMT.J.KASTHURI R1 BY ADV. SRI.PRATHAP PILLAI R1 BY ADV. SRI.P.E.SAJAL R1 BY ADV. SRI.SWATHY DAS R1 BY ADV. SRI.T.M.RAMAN KARTHA, SC, KERALA CO-OPERATIVE DEVELOPMENT WELFARE FUND BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON3110-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.915 of 2013 (L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF KERALA OF THE BYE-LAW OF CO-OPERATIVE DEBT RELIEF PROGRAMME/C0-OPERATIVE RISK FUND PROGRAMME-2008. EXT.P2 : TRUE COPY OF APPLICATION DATED42-2012. EXT.P3 : TRUE COPY OF THE COVERING LETTER NO.RF/41/10-11 DATED42-2012. EXT.P4 : TRUE COPY OF BOARD RESOLUTION NO.8065 DATED281.2012. EXT.P5 : TRUE COPY OF CERTIFICATE DATED62-2012. EXT.P6 : TRUE COPY OF LETTER DATED26-2012. EXT.P7 : TRUE COPY OF ORDER
NO.1227/2010 DATED14.11. EXT.P8 : TRUE COPY OF ORDER
NO.218/2012. EXT.P9 : TRUE COPY OF REPRESENTATION DATED111-2012. RESPONDENTS' EXHIBITS:NIL. /TRUE COPY/ P.A.TO JUDGE. ln K.VINOD CHANDRAN, J.
--------------------------------------- W.P.(C)No.915 of 2013 ---------------------------------------------- Dated this the 31st day of October, 2013 JUDGMENT
The petitioner is the son and legal heir of a deceased borrower of the second respondent Bank. The borrower was aged 74 years at the time of his death. The petitioner, the son and legal heir of the borrower approached the Bank under Ext.P1 Scheme, wherein the first respondent Board covers the risk of the amounts outstanding in the loan account of a deceased borrower, provided, however, that the repayment of the loan stipulated as per the agreement is to be made before the borrower attained the age of 70 years.
2. The Bank made an application before the first respondent Board for providing relief as per Ext.P1 Scheme. However, the first respondent Board has not considered the same till now. A communication was issued to the respondent Bank by the first respondent Board that the borrower in the instant case being above W.P.(C)No.915 of 2013 2 70 years, the application is not liable to be considered under Ext.P1. The Bank immediately replied to the first respondent Board contending that there was a concrete proposal for amendment of Ext.P1 Scheme and that the amendments are brought into force as per the proposals made. The Bank also referred to two other borrowers, whose loans were covered under Ext.P1 Scheme by the first respondent Board; wherein the borrowers were of age exceeding 70; as originally prescribed in Ext.P1. The petitioner also having come to know of the communication to the respondent Bank by the first respondent Board, filed Ext.P9 representation before the first respondent.
3. It is not clear as to whether any amendments have been brought to Ext.P1, enabling the petitioner also to claim such benefits and as to on what grounds, relief was extended to the two loan accounts pointed out by the Bank in Ext.P6. In any event the first respondent Board is bound to consider the application made by the Bank on W.P.(C)No.915 of 2013 3 the request of the petitioner herein.
4. In such circumstances, Ext.P9 is directed to be considered by the first respondent after giving due opportunity to the petitioner as also to the respondent Bank for a personal hearing and dispose of the said representation along with the application made by the first respondent Bank, for relief under Ext.P1 Scheme; in accordance with law. The same shall be done within a month of the appearance of the petitioner and the first respondent Bank before the authority. The petitioner and the second respondent Bank are directed to appear before the first respondent Board on 12.11.2013. The writ petition is disposed of as above. Sd/- K.VINOD CHANDRAN, JUDGE. ln