IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 7016 of 2008(I) ----------------------------------- PETITIONERS: ------------------ 1. PRATHAPAN,S/O.VELAYUDHAN KANJIRAPARAMBIL HOUSE, KAZHIMBRAM DESOM, VALAPAD VILLAGE, CHAVAKAD TALUK. 2. SHEEJA,W/O.PRATHAPAN, KANJIRAPARAMBIL HOUSE, KAZHIMBRAM DESOM, VALAPAD VILLAGE, CHAVAKAD TALUK. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,CO-OPERATIVE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TH JOINT REGISTRAR OF CO-OPERATIVE SOCIETY,THRISSUR. 3. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD NO. 60,THRISSUR REPRESENTED BY ITS GENERAL MANAGER. 4. THE BRANCH MANAGER,THRIPRAYAR BRANCH OF THE THRISSUR CO-OPERATIVE BANK LTD THRISSUR DISTRICT. * ADDL. R5 IS IMPLEADED ADDL. R5. THE DIRECTOR OF FISHERIES, THIRUVANANTHAPURAM * ADDL. R5 IS IMPLEADED AS PER ORDER DATED 03/03/08 IN I.A.3190/08. R1, R2 & R5 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN R3, R4 BY ADV. SRI.V.G.ARUN,SC,THRISSUR DIST.CO-OP BANK R3, R4 BY ADV. SRI.T.R.HARIKUMAR,SC,THRISSUR DIST.CO-OP. BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).7016/2008-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PASS BOOK ISSUED TO THE 1ST PETITIONER FROM THE KERALA FISHERMAN WELFARE FUND BOARD. EXT.P2: COPY OF THE HOUSING LOAN PASS BOOK ISSUED TO THE PETITIONER FROM THE 3RD RESPONDENT BANK. EXT.P3: COPY OF THE AWARD IN ARC NO.887/01 DATED 10/04/02. EXT.P4: COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR OF FISHERIES, TRIVANDRUM DATED 25/02/05. EXT.P5: COPY OF SALE NOTIFICATION IN E.P. NO.494/04 DATED 25/01/08. EXT.P6: COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 2ND RESPONDENT SEEKING ONE TIME SETTLEMENT FACITLITY DATED 07/02/08. EXT.P7: COPY OF THE CIRCULAR NO.30/07 ISSUED BY THE REGISTRAR OF CO- OPERATIVE SOCIETY, TRIVANDRUM DATED 03/05/07. EXT.P8: COPY OF THE PRESCRIPTION OF DOCTORS FOR TREATMENT DONE TO THE 1ST PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.7016 of 2008 ================================== Dated this the 17th day of July, 2008. JUDGMENT Ext.P1 prima facie shows that the first petitioner is a fisherman registered with the Fishermen Welfare Fund Board. Learned senior Government Pleader submits, on instructions from the additional fifth respondent, that moratorium was available for fishermen for six months from 2- 11-2007. Therefore continued enforcement of any decree or award against the petitioners has to be stand regulated accordingly. Petitioners have also complied with the conditions imposed by this Court and have thus paid an amount of Rs.50,000/-. Accordingly, the petitioners and the third respondent are directed to appear before the authority executing the award to re-work the total outstandings applying the relevant circulars and any moratorium scheme. The repayment of the award WPC7016/2008 -:2:- amount will stand regulated by such decision and also by any further spread out of instalment facility that may be extended in view of the lien period in the fishing sector and the fact that even the Government had recognized the financial situation of the fishermen. The third respondent will do the needful to reduce the total outstandings by extending all ameliorative benefits as may be available to the petitioners. Writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.19.7.