IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 31254 of 2011(F) -------------------------------------- PETITIONER(S): --------------------- SHANMUGHAN.P.R., S/O.RAMAN, AGED 58 YEARS PULLIKKAL HOUSE, KAZHEEMBRAM POST, EDAUTTAM, THRISSUR DISTRICT. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ------------------------ 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED, SAHAKARANA SATHABDHI MANDIRAM, KOVILAKATHUMPADOM, THRISSUR - 680 022. 2. THE BRANCH MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED, THRIPPRAYAR BRANCH, THRISSUR DISTRICT. 3. AUTHORIZED OFFICER, THE THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED, THRISSUR 680 022. 4. THE KERALA STATE FISHERMEN DEBT RELIEF COMMISSION, T.C.NO.11/683-1 & 29, NALANDA ROAD, NANTHANKODE, KOWDIAR POST, THIRUVANANTHAPURAM 3. R1 TO R3 BY ADV. SRI.P.C.SASIDHARAN,SC R4 BY GOVERNMENT PLEADER SRI. S. JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 31254/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE PHOTOCOPY OF THE RELEVANT FIRST PAGE OF THE PETITIONER'S LOAN PASS BOOK. EXT.P-2 TRUE PHOTOCOPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT VIDE REFERENCE NUMBER 502/628 DATED 24.06.2011 TO THE PETITIONER. EXT.P-3 TRUE PHOTOCOPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 06-07-2011 EXT.P-4 TRUE PHOTOCOPY OF THE RELEVANT PASS BOOK EXTRACT ISSUED FROM THE OFFICE OF THE KERALA FISHERMEN WELFARE FUND BOARD. EXT.P-5 TRUE PHOTOCOPY OF THE PUBLIC NOTICE SEEN PUBLISHED BY THE 1ST RESPONDENT IN THE MALAYALA MANORAMA DAILY DATED 22-07-2011. EXT.P-6 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO. 1861/2009 DATED 20.01.2009. EXT. P-6 (a) TRUE PHOTOCOPY OF THE WRIT PETITION W.P.(C) NO. 1861/2009. RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD S.SIRI JAGAN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO. 31254 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of December 2011 --------------------------------------------------- JUDGMENT The petitioner claims to be a fisherman. He availed of a loan from the second respondent. Repayment of the loan fell in arrears. The bank initiated proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the loan amounts due. The petitioner is challenging the same. The petitioner's contention is that the petitioner is entitled to the benefit of Ext.P6 circular issued by the Registrar of Co-operative Societies, whereby a scheme for debt relief has been declared for fishermen. According to the petitioner, the petitioner is eligible for the benefits of the said scheme. The petitioner further submits that the petitioner has already filed a petition before the 4th respondent- Commission seeking this relief. The petitioner now seeks a direction to the first respondent to consider the petitioner's claim for relief under Ext.P6 circular. 2. This is opposed by the counsel for the bank who submits that the petitioner has not produced any documents proving that the petitioner is entitled to the benefit of the said scheme. Having heard both sides. I dispose of this writ petition with a 2 direction to the 1st respondent to consider the claim of the petitioner under Ext.P6 circular issued by the Registrar of Co-operative Societies Act and pass orders thereon as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Till then coercive recovery proceedings shall be kept in abeyance. S.SIRI JAGAN, JUDGE STU 3 4