Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 31ST DAY OF DECEMBER 2012 10TH POUSHA 193 WP(C).No. 30450 of 2009 (A) --------------------------- PETITIONER(S): ------------- 1. K.AVARA HAJEE, S/O.LATE KUNHAHAMMED HAJI, KATTUKANDAN HOUSE KULIKKILIYAD, KOTTAPPURAM P.O., SREEKRISHNAPURAM PALAKKAD DISTRICT.
2. K.FATHIMA, W/O.K.AVARA HAJEE, KATTUKANDAN HOUSE, KULIKKILIYAD, KOTTAPPURAM P.O. SREEKRISHNAPURAM, PALAKKAD DISTRICT. BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): -------------- 1. THE GENERAL MANAGER, RESERVE BANK OF INDIA RURAL PLANNING AND CREDIT DEPARTMENT BAKERY JUNCTION, P.B.NO.6507, THIRUVANANTHAPURAM.
2. THE ASSISTANT MANAGER, RESERVE BANK OF INDIA RURAL PLANNING AND CREDIT DEPARTMENT BAKERY JUNCTION, P.B.NO.6507, THIRUVANANTHAPURAM.
3. THE CHAIRMAN, DHANALAKSHMI BANK LIMITED, DHANALAKSHMI BUILDING THRISSUR.
4. THE DHANALAKSHMI BANK LIMITED, PERINTHALMANNA BRANCH, REPRESENTED BY ITS MANAGER PERINTHALMANNA, MALAPPURAM DISTRICT.
5. NATIONAL BANK FOR AGRICULTURAL DEVELOPMENT (NABARD), THIRUVANANTHAPURAM. REPRESENTED BY ITS CHIEF MANAGER. BY ADV. SRI.VIVEK VARGHESE P.J.
BY ADV. SRI.VARUGHESE M EASO BY ADV. SRI.P.J.VINOD JOSEPH R3 & R4 BY SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30450 of 2009 (A) APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 : TRUE COPY OF THE LOAN APPLICATION DATED 17 3-2004 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P1(a) : TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER. EXT.P2 : TRUE COPY OF THE CERTIFICATE DATED 26 3-2004 ISSUED BY THE MEPPARA JUMA MASJID COMMITTEE, SREEKRISHNAPURAM, PALAKKAD. EXT.P3 : TRUE COY OF THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008 VIDE NO.RBI/2007/2008/330 DATED 23 5-2008 OF THE RESERVE BANK OF INDIA. EXT.P4 : TRUE COPY OF AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME 200 IMPLEMENTATION CIRCULAR NO.1/2008 DATED 28 5-2008 OF THE MINISTRY OF FINANCE, NEW DELHI EXT.P5 : TRUE COPY OF THE REQUEST DATED 1 7-2008 BY THE 1ST PETITIONER SUBMITTED BEFORE THE RESPONDENTS 1 4 AND 5.EXT.P6 : TRUE COPY OF THE REPRESENTATION DATED 28 8-2008 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7 : TRUE COPY OF THE LETTER DATED 17 9-2008 ISSUED BY THE RESERVE BANK OF INDIA TO THE 3RD RESPONDENT. EXT.P8 : TRUE COPY OF THE COMMUNICATION DATED 31 10-2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9 : TRUE COPY OF THE REPRESENTATION DATED 8 9-2009 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P10 : TRUE COPY OF THE COMMUNICATION FROM THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 12 10-2009. EXT.P11 : TRUE OCPY OF THE MEMORANDUM OF AGREEMENT RELATING TO THE HYPOTHECATION OF CROPS BETWEEN THE 1ST PETITIONER AND THE DHANALAKSHMI BANK LIMITED DATED 30 3-2004. EXT.P12 : TRUE COPY OF THE JUDGMENT DATED 1 12-2008 IN W.P(c) NO.33965/2008 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk A.M.SHAFFIQUE, J * * * * * * * * * * * * * W.P.C.No.30450 of 2009 ---------------------------------------- Dated this the 31st day of December 2012 JUDGMENT
Heard learned counsel for the petitioner and learned counsel for respondents 1 to 4.
2. The writ petition is filed when the respondent Bank denied the benefit under Debt Relief Scheme which was sought by the petitioner. During the pendency of the writ petition, it seems that a suit was filed by the Bank against the petitioner and an ex parte decree was obtained. The ex parte decree was set aside by the orders passed by this Court in O.P.(C) No.3774/2012 dated 14/11/2012 and as a condition imposed by this Court, Rs.2,00,000/- was deposited before the respondent Bank.
3. In the meantime, the petitioner also approached the Commission constituted under 'The Kerala Farmers Debt Relief Commission Act and Rules' seeking the benefit under the Debt Relief Scheme as requested by the petitioner which is the subject matter of the writ petition also. W.P.C.No.30450/200”
4. In so far as the petitioner had already approached the Commission constituted under Section 3 of 'The Kerala Farmers Debt Relief Commission Act', the said Commission has all the powers to consider the request made by the petitioner in this writ petition as well, there is no necessity to consider this writ petition on merits. In that view of the matter, leaving open all the contentions urged by the petitioner in this writ petition to be agitated before the Commission, this writ petition is disposed of without any further orders as such. All contentions of either parties are left open to be considered by the Commission. (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.30450/2009 3 W.P.C.No.30450/2009 4