IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 14135 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 107/2007 IN ARC.2846/2006 of SUB COURT, TIRUR .................... PETITIONER(S): ------------------------- SAIDALAVI.M, S/O. KUNJU MOHAMMED, MOOSAMINTE HOUSE, PARAPPANANGADI. BY ADV. MR.TOM K.THOMAS RESPONDENT(S): --------------------------- 1. THE KERALA FISHERMEN DEBT RELIEF COMMISSION, TRIVANDRUM. 2. THE SUB INSPECTOR OF FISHERIES, MARINE BLOCK, PARAPPANANGADI. 3. THE PARAPPANANGADI CO-OPERATIVE SERVICE BANK LIMITED NO. F 2302, PARAPPANANGADI, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN R3 BY ADVS. MR.K.P.SUDHEER, SMT.P.JAYALAKSHMI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.14135 OF 2009 () ----------------------------------- Dated this the 25th day of June, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: i. to issue a writ of mandamus any other writ, order or direction commanding the 1st respondent to consider and pass orders on Ext.P2 application forthwith. ii. to stay all further proceedings in E.P.No.107/2007 in A.R.C.No.2846/2006 on the file of the Sub Court, Tirur, till the disposal of Ext.P2 application by the 1st respondent. iii. to issue such other writ, order or direction is deemed fit and proper by this Honourable Court. 2. Petitioner is the judgment debtor in E.P.No.107/2007 arising from an award passed in A.R.C.No.2846/2006 on the file of the Sub Court, Tirur. At the stage when his property was brought to sale, petitioner had approached this Court and moved this writ petition seeking the aforesaid reliefs, claiming that he is a fisherman entitled to the protection covered by the WPC.14135/09 2 Kerala Fishermen Debt Relief Commission Act (Act 18 of 2008). He is a fisherman and the loan had been availed for fishing purposes and he had moved an application before the Fishermen Debt Relief Commission as contemplated under the above Act for seeking a recommendation to the Government by the Commission for waiving his debt, is the case advanced in the writ petition. Having regard to the nature of the reliefs claimed, notice was ordered only to the 3rd respondent a Co-operative Bank, which had obtained the award in an arbitration proceedings against the petitioner/judgment debtor. 3. The 3rd respondent has entered appearance through counsel. I heard the counsel on both sides. The Kerala Fishermen Debt Relief Commission Act (Act 18 of 2008) was published in the official gazette on 10.4.2008 and evidently from the date of application, it has come into force. Petitioner has not agitated the right claimed under the petition as a fisherman entitled to the benefits under that Act before the execution court. Advancing a case that he had filed an WPC.14135/09 3 application before the Debt Recovery Commission, he wants this Court to stay the execution proceedings which at present has culminated in a sale of his property, and, it is stated, the confirmation of sale has also been ordered by the court. I find this Court cannot enter any finding whether the petitioner is a fisherman entitled to the benefit under Act 18 of 2008, and if at all, petitioner had moved any petition before the Fishermen Debt Recovery Commission, it is for the Commission to pass appropriate orders thereof. Reserving the right of the petitioner to agitate his right before the Fishermen Debt Recovery Commission, if any petition is moved for claiming the benefits thereunder in respect to the debt sought be realised in E.P.No.107/2007 in which the sale had already been confirmed, the writ petition is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009