IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 15275 of 2009(D) -------------------------- PETITIONER(S): --------------- MEPPAYOOR CO-OPERATIVE HOUSING SOCIETY LTD., MEPPAYOOR P.O., KOZHIKODE, REPRESENTED BY SECRETARY. BY ADV. SRI.K.LAKSHMINARAYANAN SMT.SATHYASHREE PRIYA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE FARMERS DEBT RELIEF COMMISSION, VENPALAVATTOM, ANAYARA P.O., THIRUVANANTHAPURAM - 695 029. 3. CHEKKOOTI, VELLAMKODU VEEDU, CHENOLI AMSOM, CHERUVALLOOR DESOM P.O.NOCHAD. 4. KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KALOOR, KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR. ADV. SRI.A.K.CHINNAN FOR R4 SRI.N.N.DIVAKARAN PILLAI FOR R4 SRI.P.V.KUNHIKRISHNAN FOR R3 MR.DILIP MOHAN, GOVERNMENT PLEADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15275/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF APPLICATION FOR HOUSING LOAN DATED 28/04/2002 ALONG WITH ITS RELEVANT ANNEXURES SUBMITTED BY THE PETITIONER. P2 : COPY OF REGISTERED MORTGAGE DEED DATED 09/09/2002 EXECUTED BY R3. P3 : COPY OF AWARD IN ARC NO.1097/07 DATED 31/10/2007. P4 : COPY OF NOTICE ISSUED BY R2 ALONG WITH APPLICATION SUBMITTED BY R3. P5 : COPY OF COUNTER STATEMENT FILED BY PETITIONER BEFORE R2. P6 : COPY OF ORDER DATED 24/02/09 BY R2. RESPONDENT'S EXHIBITS R2(A) : COPY OF PROCEEDINGS OF THE KERALA STATE FARMERS' DEBT RELIEF COMMISSION, TRIVANDRUM NO.1/2008 DATED 18/09/2008. R3(a) : COPY OF JUDGMENT DATED 18/09/2009 IN WP(C) NO.18293/09 OF THIS HONOURABLE COURT. R3(b) : COPY OF EXECUTION PETITION E.P.NO.94/08 IN ARC 1097/07 PENDING BEFORE THE MUNSIFF COURT, PERAMBRA. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.15275 of 2009 -------------------------- Dated, this the 8th day of October, 2009 ------------------------------ J U D G M E N T The petitioner, a Co-operative Society, has filed this writ petition challenging Ext.P6, an order passed by the 2nd respondent, exercising its powers under the Kerala Farmers' Debt Relief Commission Act, 2006 (Act 1 of 2007). 2. The 3rd respondent made Ext.P1 application to the petitioner Society for availing of a Housing Loan. The loan was granted, and Ext.P2 mortgage deed was also executed. Default was committed, and the Society filed ARC No.1097/2007 resulting in Ext.P3 award. Execution proceedings were initiated. At that stage the 3rd respondent filed Ext.P4 application before the 2nd respondent seeking the benefit of waiver as contemplated under the provisions of the Act 1 of 2007. Notice was issued and the Society filed Ext.P5 reply contending inter alia that the liability is not one covered under the Act 1 of 2007, and that the 3rd respondent is not eligible for any waiver, for other reasons as well. However, Ext.P6 order was passed WP(C) No.15275/2009 -2- by the Commission, directing that out of the total liability Rs.1,323/- (Rupees one thousand three hundred and twenty three only) be waived awarding debt relief of Rs.45,000/- (Rupees forty five thousand only) and directing payment of the balance amount of Rs.45,000/- (Rupees forty five thousand only). It is challenging this final order, this writ petition is filed. 3. Though several contentions have been raised by the Society, and also the 3rd respondent, I do not think it necessary to go into such contentions for the reason that the Commission itself has filed a counter affidavit confessing that Ext.P6 order passed is against its own proceedings, a copy of which is produced as Ext.R2 (A). The relevant averment in the counter affidavit is as follows :- “However, regarding non-farm loans, the Commission has already taken a decision vide its suomotu proceedings No. 1 of 2008, dated 18th September 2008, that only those farmers whose land holding is below 2.0 acres and whose loan amount does not exceed Rs.50,000/- alone need be considered for granting debt relief. A copy of the said proceedings is produced herewith and marked as Ext.R2.A. The impugned Ext.P6 Final Order passed by a bench of the Commission does not appear to be in accordance with the above decision of the Commission. In the above circumstances, this Hon'ble Court may be pleased to pass appropriate orders to meet the ends of Justice.” WP(C) No.15275/2009 -3- 4. Therefore, in view of the above, Ext.P6 cannot be sustained and is quashed. The 2nd respondent is directed to reconsider Ext.P4 application made by the 3rd respondent with notice to the parties, in accordance with law. 5. It is directed that until the matter is reconsidered as above, on the 3rd respondent remitting the balance amount of Rs.45,000/- (Rupees forty five thousand only) as directed in Ext.P6 order within two weeks from today, recovery pursuant to Ext.P3 award will be kept in abeyance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg