THE KUMARAKOM SERVICE CO-OPERATIVE BANK LTD v. THE PRINCIPAL SECRETARY

SMT.DEEPA.V, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

19.12.2023, THE COURT ON 08.01.2024 DELIVERED THE FOLLOWING: W.P.(C). No.4148/2021 3 T.R. RAVI, J. -------------------------------------------- W.P.(C)No.4148 of 2021 -------------------------------------------- Dated this the 8th day of January, 2024 JUDGMENT The writ petition has been filed praying for a direction to the respondents to disburse the amounts reflected in Ext.P11 together with interest at the rate of 8.1% from 13.10.2017 till the date of disbursal.

2. The petitioner is a Co-operative Society registered under the Kerala Co-operative Societies Act (Act for short). On

05.04.2018, an order was issued by the Department of Agriculture, Government of Kerala, formulating a scheme on “soil health management and productivity improvement.” By Ext.P1 circular dated 09.04.2018, the scheme was implemented and extended to the paddy lands spread over 13 districts. It was decided to apply lime at 600 kg per hectare to paddy crops at an estimated cost of Rs.5,400/- per hectare, and 75 % of the required amount was to be given as a subsidy. The details of how the scheme was to be implemented, and the subsidy was to be distributed have been detailed in the memorandum of the writ petition. Since the said details are not required to decide the writ petition, the same is not W.P.(C). No.4148/2021 being extracted. 4

3. As part of the activity, the petitioner had purchased the required quick lime, paying the entire price in advance from the funds available. The lime was distributed based on permits issued by the 5th and 6th respondents and Agricultural Officers after collecting 25% of the value. The remaining 75% was to be a subsidy to be borne initially by the nodal agencies. The petitioner had submitted Exts.P3 and P4 claims before the 6th and 5th respondents on

13.10.2017 and 7.2.2018, respectively. When the amounts were not disbursed, the petitioner submitted Ext.P5 representation on

19.2.2019 before the 3rd respondent. Since no steps were taken even thereafter, the petitioner submitted Ext.P6 representation to the MLA, Ettumanoor, on 01.06.2019, which also did not evince any response. The petitioner submitted Ext.P7 representation dated

13.06.2019 before the Hon’ble Finance Minister. Since no amount was disbursed, the petitioner submitted Ext.P9 representation before the 4th respondent on 13.12.2019. When no action was forthcoming, the petitioner filed the writ petition on 16.2.2021.

4. On 29.6.2021, a statement was filed by the 1st respondent. In the statement, the claims regarding the amounts of Rs.23,80,864/- and Rs.9,53,495/- are admitted, and it is stated that the same was not paid due to insufficiency of funds. Annexures I to W.P.(C). No.4148/2021 5 III, filed along with the statement, show that amounts were not available even during the succeeding financial years. Annexure III is the request forwarded by the Director of Agriculture to the Government on 1.7.2021 for the release of Rs.32,78,433/- from the budget for 2021-22. The 1st respondent has thereafter filed another statement on 19.1.2022. It is stated therein that Rs.23,24,938/- and Rs.9,53,495/- were disbursed on 30.7.2021. It can thus be seen that substantial amounts towards the claim have been disbursed, and what remains are two claims of Rs.2,07,366/- and Rs.1,845/-.

5. In the statement dated 19.1.2022, it is stated that the claims for Rs.2,07,366/- and Rs.1,845/- had been received in the Kumarakom Krishi Bhavan only on 5.5.2020. Along with the statement, a letter dated 18.11.2021 sent by the Agricultural Officer to the Director has been produced as Annexure R1(a). The letter says that the claim relates to 2017-18, and only claims received during the relevant financial years can be forwarded for payment. The letter says that the petitioner had not submitted the relevant claim with supporting bills during the financial year 2017-18. According to the petitioner, the above said amounts had been claimed on 7.2.2018, as part of the consolidated claim for Rs.11,62,706/-. It is submitted that out of the said claim, the sum W.P.(C). No.4148/2021 6 of Rs.9,53,495/- alone has been paid and the balance claim has not been honoured.

6. The only question that is to be resolved is a factual question as to whether the petitioner had submitted the claim for Rs.2,07,366/- and Rs.1,845/- during the financial year 2017-18 or whether the same were submitted only subsequently on 5.5.2020 as claimed by the respondents. Even though three statements have been filed by the 1st respondent, there is no contention taken anywhere that the Ext.P4 request dated 7.2.2018 from the petitioner to the Agricultural officer, Kumarakom, has not been received. Ext.P12 is a letter dated 4.11.2020 written by the Bank to the Agricultural officers at Aymanam and Kumarakom, wherein reference is made to Ext.P4 consolidated claim for Rs.11,62,706/-. The statement submitted by the 1st respondent on 19.1.2022 specifically states in paragraph 3 that the claim for Rs.9,53,495/- submitted by the petitioner has been received by the Agricultural officer, Kumarakom, and the claim was settled. The statement, however, does not say the exact amount claimed by the petitioner before the Agricultural Officer, Kumarakom, nor is the original claim submitted by the petitioner produced along with any of the statements filed by the 1st respondent. The statement does not state that the claims for the balance amount has been rejected. The W.P.(C). No.4148/2021 7 dispute itself is whether the claim submitted by the Bank before the Agricultural Officer, Kumarakom was for Rs.9,53,495/- or for Rs.11,62,706/-.

7. In the above circumstances, this writ petition is disposed of directing the respondents to compare the original claim submitted by the petitioner before the Agricultural Officer, Kumarakom, based on which the amount of Rs.9,53,495/- was disbursed to the petitioner, with Ext.P4 produced by the petitioner, and if it is found that the claim before the Agricultural Officer and Ext.P4 tally with each other, the respondents shall process the claim for the balance amount in Ext.P4, and disburse the same if found admissible, and if the same is not paid so far. The petitioner shall be heard before a final decision is taken regarding the payment. Necessary action shall be completed within one month from the date of receipt of a copy of this judgment. The question regarding the claim for interest is left open and is not decided in these proceedings. Sd/-/- T.R. RAVI JUDGE W.P.(C). No.4148/2021 8 APPENDIX OF WP(C) 4148/2021 PETITIONER’S EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P2(a) EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 TRUE COPY OF THE CIRCULAR DATED 09.04.2018 ISSUED BY THE DIRECTORATE OF AGRICULTURE DEVELOPMENT AND FARMERS WELFARE. TRUE COPY OF THE STATEMENT OF SUBSIDY CLAIM FOR QUICKLIME SUPPLIED UNDER EXT.P1 SCHEME FOR THE YEAR 2017-18. TRUE COPY OF THE STATEMENT OF SUBSIDY CLAIM FOR QUICKLIME SUPPLIED UNDER JANAKEEYA ASOOTHRANA SCHEME FOR THE YEAR 2017-18. TRUE COPY OF THE CLAIMS IN LETTER DATED 13.10.2017 SUBMITTED BY THE PETITIONER SOCIETY BEFORE THE 6TH RESPONDENT. TRUE COPY OF THE LETTER DATED 07.02.2018 SUBMITTED BY THE PETITIONER SOCIETY BEFORE THE 5TH RESPONDENT. TRUE COPY OF THE REPRESENTATION DATED 19.02.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. TRUE COPY OF THE REPRESENTATION DATED 01.06.2019 SUBMITTED BY THE PETITIONER BEFORE THE ETOOMANOOR MLA. TRUE COPY OF THE REPRESENTATION DATED 13.06.2019 SUBMITTED BY THE PETITIONER SOCIETY BEFORE THE HON'BLE FINANCE MINISTER. TRUE COPY OF THE REPRESENTATION DATED 02.11.2019 FORWARDED BY THE HON'BLE MINISTER FOR AGRICULTURE TO THE PRESIDENT OF THE PETITIONER. TRUE COPY OF THE REPRESENTATION DATED 13.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. TRUE COPY OF THE COMMUNICATION DATED 27.09.2018 FORWARDED BY THE DIRECTOR OF DEVELOPMENT AND FARMERS WELFARE TO THE ASSISTANT DIRECTOR OF AGRICULTURE ETTUMANOOR KOTTAYAM. TRUE COPY OF THE STATEMENT FOR THE YEAR 2017-2018 SHOWING THE EXACT AMOUNT PAYABLE TO THE PETITIONER BY WAY OF SUBSIDY. TRUE COPY OF THE CLAIM SUBMITTED BY THE BANK DATED 07.02.2018. RESPONDENTS’ EXHIBITS ANNEXURE I TRUE COPY OF LETTER NO.AGRI-NCAI/179/2018-AGRI W.P.(C). No.4148/2021 9 ANNEXURE II ANNEXURE III ANNEXURE R1(A) DATED 26.02.2020. TRUE COPY OF LETTER NO.AGRI-NCAI/24/2021-AGRI DATED 26.04.2021. TRUE COPY OF LETTER NO. NO.ADFW4748/2028-TP3 DATED 01.07.2021. TRUE COPY OF THE LETTER NO.KBK 10/2021-22 DATED 18.11.2021 ISSUED BY THE AGRICULTURAL OFFICER, KUMARAKOM.