IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 13874 of 2009(D) -------------------------- PETITIONER(S): --------------- THE CALICUT CO-OPERATIVE URBAN BANK LTD, NO.1538,KALLAI ROAD,KOZHIKODE,REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.V.V.SURENDRAN MR.P.A.HARISH RESPONDENT(S): --------------- 1. DAKSHAYANI AMMA, W/O.SANKARAN NAIR, RESIDING AT PILATHOTTATHIL MEETHAL HOUSE, P.O.KOTTAMPARAMBA,CHELAVOOR,CALICUT-673008. 2. THE KERALA STATE FARMERS DEBT RELIEF COMMISSION,REPRESENTED BY ITS SECRETARY,OFFICE OF THE KERALA STATE FARMERS DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM. ADV. SRI.JOHN JOSEPH(ROY) FOR R1 MR.K.S.MOHAMMED HASHIM, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13874/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE APPLICATION MADE BY R1 WITH THE PETITIONER BANK ON 30/10/2000. P2 : COPY OF THE WRIT PETITION FILED BY R1 AS WP(C) NO.33747/2006. P3 : COPY OF JUDGMENT IN WP(C) NO.33747/2006. P4 : COPY OF APPLICATION FILED BY R1 BEFORE RE2. P5 : COPY OF ORDER DATED 22/10/2007. P6 : COPY OF JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.34937/2007. P7 : COPY OF VERSION SUBMITTED BY THE PETITIONER BEFORE R2. P8 : COPY OF ORDER DATED 10/07/2008 PASSED BY R2. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.13874 of 2009 --------------------------------- Dated, this the 27th day of August, 2009 J U D G M E N T In this writ petition filed by the petitioner, a Bank, challenge is against Ext.P8, an order passed by the 2nd respondent in Application No.13200/08 extending the benefit of debt relief as per the provisions of the Kerala State Farmers Debt Relief Commission Act, 2006. 2. A counter affidavit has been filed by the 2nd respondent, in which explanation has been offered how the order happened to be passed without hearing the petitioner, and it is stated that the Commission is prepared to re-consider the matter with notice to the parties. 3. Taking into account the above, this writ petition is disposed of quashing Ext.P8, and directing that the matter shall be re-considered with notice to the petitioner and the 1st respondent. Orders shall be passed as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg