Judgment:
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY,THE 16TH DAY OF JULY 2013 25TH ASHADHA, 1935 WP(C).No. 16346 of 2011 (P) ---------------------------- PETITIONER(S): -------------------------- SAJILA SHIBU, WIDOW OF SHIBU, AGED 3 YEARS, HAVING PERMANENT ADDRESS CHEMBUTHATTIL PURAYIDATHIL ALIS VALLAKADAVIL, KAROOR PURAKKAD P.O., AMBALAPUZHA, ALAPPUZHA DISTRICT BY ADV. SRI.P.V.VENUGOPAL RESPONDENT(S): ---------------------------- 1. STATEOF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT FISHERIES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 2 KERALA STATEHOUSING BOARD, REP.BY ITS SECRETARY, KERALA STATEHOUSING BOARD SANTHI NAGAR, THIRUVANANTHAPURAM 3 SPECIAL DEPUTY COLLECTOR/AUTHORISED OFFICER FOR REVENUE RECOVERY KERALA STATE HOUSING BOARD SANTHI NAGAR, THIRUVANANTHAPURAM 4 ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD ALAPPUZHA DIVISION OFFICE 5 SECRETARY, KERALA FISHERMAN DEBT RELIEF COMMISSION THIRUVANANTHAPURAM R,R2-4 BY ADV. SRI.POOVAPPALLY M.RAMACHANDRAN NAIR RR5 BY ADV. GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN R2-R4 BY ADV. SRI.GEORGE BOBAN, SC, K.S.H.B. R BY SRI.A.JAYASANKAR, SC KSHB, TVM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16346/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 : A TRUE COPY OF PASS BOOK BEARING NO. 09034 EXHIBIT P2 : A TRUE COPY OF DEATH CERTIFICATE ISSUED BY THE CONSULATE GENERAL OF INDIAN DUBAI U.A.E. DATED 11 07.2004. EXHIBIT P3 : TRUE COPY OF CERTIFICATE INDICATING ARREARS DATED 16 02.2009 ISSUED BY THE 4TH RESPONDENT EXHIBIT P4 : TRUE COPUY OF DEMAND NOTICE U/S 3.R.R. ACT DATED 09 01.2010. EXHIBIT P5 : TRUE COPY OF NOTICE BEARING NO. RRC/ALPZA/343/10 DATED 30 04.2011 SEEKING ATACHMENT U/S 3.R.R. ACT. EXHIBIT P6 : TRUE COPY OF REPLY DATED 21 01.2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENT(S) EXHIBITS ANNEXURE R2(a) TRUE PHOTOCOPY OF THE LOAN APPLICATION ANNEXURE R2(b) TRUE PHOTOCOPY OF THE MORTGAGED DEED NO. 757/2001 OF S.R.O. AMBALAPUZHA ANNEXURE R2(c) TRUE PHOTOCOPY OF THE INCOME CERTIFICATE DATED 21 10.2000 ANNEXURE R2(d) TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 01 07.2011. /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 16346 OF 201.------------------------------------ Dated this the 16th day of July, 2013 JUDGMENT The petitioner seeks the benefit of the Kerala Fishermen Debt Relief Commission Act, 2008 and seeks to ward off the liability to the second respondent on that score. The Government Pleader points out that an application No. 303/981 put in by the petitioner was considered by the Kerala State Fishermen Debt Relief Commission. It is reported that the Commission has found that the petitioner is eligible for debt relief and that her claim has been recommended to the government in the light of G.O.(P) No. 40/13/F&D dated 01.07.2013.
2. I permit the petitioner to submit a representation to the first respondent within a period of one month from today. The first respondent on receipt of such representation shall explore the possibility of paying the dues directly to the second respondent by making payment under the Kerala Fishermen Debt Relief Fund. The needful shall be done within a period of 2 WP(C) No. 16346/2011 three months from the date of receipt of a copy of this judgment. The coercive proceedings pursuant to Exts.P4 and P5 notices shall be put on hold till orders are passed by the first respondent as directed above. The Writ Petition is disposed of. V. CHITAMBARESH JUDGE ncd