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2019 DIGILAW 554 (KER)

Vasudeva Nayak S S/o. Lingappa Nayak v. State of Kerala Represented By Secretary To Government, Department of Finance, Secretariat, Thiruvananthapuram

2019-07-12

DEVAN RAMACHANDRAN

body2019
JUDGMENT : 1. If there be moments in litigative processes that deserve to be counted amongst its finest, this will certainly be so qualified since, following the hortative call of this Court, the Government of Kerala has now reported that they will write-off the loan liability of the petitioner, availed of by him solely to treat his young child, who is now no more and who had been included in the list of 'Endosulphan Victims' prepared by it. 2. The petitioner has been constrained to approach this Court because certain amounts availed of by him, albeit as a personal loan, for the purpose of treating his deceased son, who had been afflicted with debilitating illnesses on account of the alleged exposure to the pesticide “Edosulphan”, was sought to be recovered by the respondent - Co-operative Society. 3. On 12th June 2019, noticing the rather distressing facts in this case, I had indited the following order:- ''This is a case where a hapless father has approached this Court because a personal loan taken by him in the year 2013, to treat his deceased son, who was concededly an endosulphan victim, is now being sought to be recovered. 2. Apparently, the only reason why the 3rd respondent Bank, from which the petitioner has taken this loan, is refusing to give him the benefits applicable to endosulphan victims is because the loan was taken only in the year 2013; whereas in Ext.P4, loans which are taken after July 2011 will be eligible for the benefit of the debt waiver only if the concerned Banks certify that such loans are in continuation of the loan taken prior to it. 3. I do not propose to say anything further on the merits of this case at this point of time because I am of the view that the 1st respondent, Secretary to Government, Department of Finance, Secretariat, Thiruvananthapuram, must take a proactive decision as to how the loan of the petitioner can be written off, because this Court is prima facie of the view that the petitioner, whose deceased son was an endosulphan victim, cannot be any further troubled in making payment against a loan which was availed of by him solely for his son's treatment, which however, has unfortunately gone in vain. 4. 4. I, therefore, direct the afore mentioned Secretary to Government to take a decision on this matter and inform this Court by the next posting date. 5. List this case on 24.06.2019. Needless to say, all action taken by the third respondent Bank for recovery against the petitioner will stand deferred until further orders.'' 4. Subsequently, on 26th of June 2019, the learned Special Government Pleader submitted that a decision with respect to the petitioner will be taken soon and he requested that some more time be granted. 5. Today, when this matter was called, I must record, with great sense of appreciation, that the learned Special Government Pleader submits that the Government has now taken a decision to write-off the loan availed of by the petitioner from the respondent – Society as a special case. He says that this obviously means that the principal amount and the interest thereon, as on today, will stand liquidated. 6. The learned Standing Counsel for the Society also affirms that they have received the order of the Government, dated, 10.07.2019; and therefore that there will be no further recovery against the petitioner and that the loan will stand fully closed. In the afore circumstances, commending the Government for the gesture, I order this writ petition and direct the respondent – Society, not to cause any recovery against the petitioner and to treat the account involved in this case as having been closed, based on the Government order dated 10.07.2019.