JUDGEMENT
K.RAVICHANDRABAABU, J. -
(1.)This writ petition is filed challenging the notice dated 25.06.2009 calling upon the petitioner to pay the arrears of loan to the 4th respondent Bank and consequently, for a direction to the 3rd and 4th respondents to extend the benefit of "Agricultural Debt Waiver and Debt Relief Scheme, 2008" to the petitioner by waiving the entire agriculture loan dues and also to drop recovery proceedings pursuant to the decree passed in O.S.No.19/2014 on the file of Sub-Court, Thiruvarur.
(2.)The case of the petitioner is as follows:
The petitioner is a small farmer. He availed agricultural investment loan to the tune of Rs. 2,80,000/- on 04.07.2000 from the 4th respondent Bank for purchasing tractor to improve the cultivation of the land. Due to severe drought, the petitioner was unable to repay the entire instalments, even though, he paid a sum of Rs. 1,73,700/-. The first respondent framed a beneficiary Scheme to the poor farmers under the name "Agriculture Debt Waiver and Debt Relief Scheme, 2008". The petitioner, under the said Scheme, is entitled to get his agricultural loan waived. However, the 4th respondent issued the impugned proceedings stating that the petitioner was given only 25% rebate in the entire loan amount as per the Agricultural Debt Waiver Scheme, 2008. A suit in O.S.No.19/2014 was filed by the respondent Bank against the petitioner to recover the loan and the said suit was decreed. Therefore, the present writ petition is filed seeking for the above said relief.
(3.)The respondents 3 and 4 filed a counter disputing the above claim of the petitioner. It is stated in the counter affidavit that the petitioner and his brother availed agricultural term loan by mortgaging the property measuring 7 acres and 9? .. " cents of wet lands and the said loan amount was repayable in instalments. They defaulted in making the repayment. The first respondent introduced Agricultural and Debt Relief Scheme 2008 providing one time settlement to farmers and the said Scheme introduced waiver of 25% of loan to farmers holding more than 5 acres of land provided that the balance of 75% of the amount is paid in not more than three instalments commencing from 30.09.2008 and ending on 30.06.2009. The petitioner did not avail the benefit of the said Scheme by paying the first instalment or other instalments. Therefore, the impugned notice was issued on 25.06.2009 and a suit in O.S.No.19/2014 on the file of Sub-Court, Thiruvarur, was also filed for recovery of a sum of Rs. 7,02,944/- from the petitioner and his brother. The suit was decreed on 23.01.2016. The applicability of the above said Scheme was raised as additional issue in the said suit and a finding was rendered to the effect that the said Scheme does not enure to the petitioner to claim the benefit of loan waiver. The said finding was based on Ex.B3, the impugned order herein. The said judgment and decree have not been appealed against.
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