IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37266 of 2008(J) --------------------------------------- EP.336/2007 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER(S): ------------------------ PADMANABHAN, S/O. KUNJIPARUTHA, KIZHAKKEDATH HOUSE, PERINJANAM VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): -------------------------- 1. STATE OF KERAELA, REPRESENTED SECRETARY, DEPARTMENT OF FISHERIES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, DEPARTMENT OF FISHERIES, THRISSUR. 3. THE KAIPAMANGALAM FISHERMAN CO-OPERATIVE BANK LTD., NO. 2941, KAIPAMANGALAM.P.O, THRISSUR DIST. GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.37266 of 2008-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of December, 2008. JUDGMENT The petitioner is a debtor of the third respondent. He faced an arbitration award under the KCS Act. That is put in execution. His plea is that as of now, there is a new scheme by the Government and ameliorative benefits are extended to defaulters who suffered even arbitration awards which have become final. That is an issue which the petitioner can raise before the Sale Officer, enforcing the arbitration award. If the petitioner makes such objection, the Sale Officer will consider it. If Ext.P4 contains only that objection, that could be considered. Since the matter raised relates to the execution, discharge and satisfaction of the ward, in terms of any binding deft relief scheme, the matter falls for consideration by the Sale Officer and the WP(C)37266/08 -: 2 :- issuance of a writ is not called for. Without prejudice to what is stated above, this writ petition is ordered directing that the distress action against the petitioner will stand deferred for a period of one month to aid him to move the Sale Officer. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/181208