IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 28067 of 2008(N) ---------------------------------------- PETITIONER: --------------------- THE THALAPALAM SERVICE CO-OPERATIVE BANK LTD. NO. 3937, H.O.PLASSANAL,KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS: -------------------------- 1. V.A. ABRAHAM, VAIMBALLIL HOUSE, MUNNILAVU P.O., KOTTAYAM DISTRICT. 2. V.A.THOMAS VAIMBALLIL HOUSE,MUNNILAVU P.O.,KOTTAYAM DISTRICT. . 3. K.G.PARAMESWARAN, KOLLAMKUNNEL HOUSE,MUNNILAVU P.O. THALAPPALAMKARA, KOTTAYAM DISTRICT. 4. MARIKUTTY THOMAS VAIMBALLIL HOUSE,MUNNILAVU P.O.,KOTTAYAM DISTRICT. 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOTTAYAM. 6. KERALA STATE FARMER'S DEBT RELIEF COMMISSION,THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR – R5 & R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28067 of 2008-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of September, 2008. JUDGMENT Learned Government Pleader appears for the fifth respondent. Notice to the sixth respondent is dispensed with. Having regard to the nature of the orders being issued hereunder, notice to respondents 1 to 4 is dispensed with preserving their right to move for review of this judgment, if aggrieved. The petitioner is a co-operative bank. It obtained different awards and put them in execution under the provisions of the KCS Act. The matters are stated to be pending before the Munsiff's Court, Erattupetta. However, the debtors, namely, respondents 1 to 4 have obtained interlocutory orders from the sixth respondent Debt Relief Commission, stated to be without notice to the petitioner. It is also pointed out WP(C)28067/2008 -: 2 :- that the petitioner has, as of now, filed objections before the sixth respondent and has moved for having the interim orders vacated. It is the plea of the petitioner that the debts are not those that would fall under the Debt Relief Scheme on different grounds. It is argued that the matters cannot be treated as agricultural loans of agriculturists and still further that the loans in question were availed long before the cut off date under the Scheme and have fructified into awards and therefore, it will be beyond the authority of the Commission to pass orders interfering with the execution proceedings. These are matters that the petitioner could place before the sixth respondent Commission. However, I deem it appropriate that the Munsiff's Court, Erattupetta defers further proceedings rather than dismiss the execution petitions which may only complicate the matters further. Under such circumstances, this writ petition is ordered directing that the Munsiff's Court, Erattupetta shall not dismiss E.P.Nos.9, 10, 11 and 12 of 2008 merely on the ground of interim orders WP(C)28067/2008 -: 3 :- passed by the sixth respondent but shall wait for such course for a period of six months from now unless the decisions of the Commission, either finally, or contrary to the interest of the debtors, are placed before the learned Munsiff. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/230908