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Consider Writing Off Loan Taken For Treating Endosulfan Victim : Kerala HC Tells Govt

June 15, 2019

Consider Writing Off Loan Taken For Treating Endosulfan Victim : Kerala HC Tells Govt [Read Order]

The High court of Kerala has urged the Government of Kerala to consider writing off a loan availed to treat an endosulfan victim.The father of the victim had availed a personal loan to treat his son,who was an endosulphan victim.The treatment however did not bore fruitful results and the victim passed away in the meanwhile.

Bank officials initiated recovery proceedings against the father of the deceased to recover the loan arrears due.The bank refused to grant the benefit applicable to endosulfan victims stating that the victim is not entitled to the same,in the instant case considering the period during which loan was availed.

While not expressing anything on the merits of the case, Justice Devan called upon the Finance Secretary, Government of Kerala to take a decision as to how the loan of the petitioner could be written off.The court held prima facie that the petitioner further cannot be troubled with the payment against a loan availed to treat his son, a victim of endosulfan, which unfortunately went in vain.

Justice Devan Ramachandran opined as follows: ” 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 treatment , which however,has unfortunately gone in vain.”

The court hence directed the Finance Secretary to take a decision in this regard and inform the court on June 24, when the case will be considered next.

In the meanwhile, the Court has stayed all recovery proceedings by the Bank initiated in this regard until further orders.


Categories: Loan