IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16968 of 2009(M) -------------------------- PETITIONER(S): --------------- ROMEYO XAVIER, S/O. STANISLAUS.Y, NJANI VEEDU, PAZHANIYARPALAYAM.P.O, KOZHINJAPARA VIA, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI. 2. THE REGISTAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. NABARD, REP. BY ITS CHAIRMAN, THIRUVANANTHAPURAM. 4. PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD, REP. BY ITS PRESIDENT. 5. THE PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO. F 1029, R.C. ROAD, PALAKKAD - 14, REP. BY ITS SECRETARY. 6. THE GRIEVANCE REDRESSAL OFFICER, THE PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO. F 1029, R.C. ROAD, PALAKKAD - 14. 7. THE SALE OFFICER, THE PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO. F 1029, R.C. ROAD, PALAKKAD - 14. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR By ASG SRI. P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009 A/W.WP(c).No.17004/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ------------------------------- W.P.(C).Nos.16968 & 17004 OF 2009 --------------------------------- Dated this the 19th day of June, 2009. JUDGMENT Challenge in this writ petitions are Ext.P13 sale notices issued by the 7th respondent proposing to sell the properties of the petitioners for realizing the dues to the 5th respondent Bank. Sale is scheduled to take place on 20th June, 2009 and at this stage the petitioners have filed these writ petitions challenging Ext.P5 dated 6.1.2009, where petitioners' request for the benefit of Ext.P4, the Agriculture Debt Waver and Debt Relief Scheme, 2008 has been declined on the basis that loans availed of were to purchase a land and therefore are not eligible for the benefit of the Scheme. It is seen that aggrieved by Ext.P5 mentioned above, the petitioners have filed Ext.P8 representations to the 6th respondent. It is during the pendency of Ext.P8 that Ext.P13 sale notices have been WP(c).No.16968/09&17004/09 /2/ issued. 2. Heard the standing counsel appearing for the 5th respondent Sri. George Poonthottam also. 3. Having regard to the pendency of Ext.P8 before the 6th respondent the writ petition is disposed of as follows; 4. Within 4 weeks from the date of production of a copy of this judgment, the 6th respondent shall consider and pass orders on Ext.P8 application made by the petitioner, seeking the benefit of Ext.P4 scheme. It is directed that, the sale notified pursuant to Ext.P13 notices referred to above shall go on, but the confirmation of the same will be deferred until a decision is taken by the 6th respondent IN Ext.P8 as directed above. Petitioner shall produce a copy of the judgment immediately before the respondents 4,6 and 7 for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.16968/09&17004/09 /2/