IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31384 of 2008(J) ------------------------------------ PETITIONER(S): ---------------------- 1. K.A. OMANAN, S/O. AYYAPPANKUNJI, KAIPARAMBIL HOUSE, KAIPAMANGALAM, DESOM, KAIPAMANGALAM VILLAGE KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. RADHA W/O. OMANAN, KAIPARAMBIL HOUSE, KAIPAMANGALAM, KAIPAMANGALAM VILLAGE KODUNGALLUR TALUK, THRISSUR DISTRICT. 3. K.O. SHEEBA, (SHEEJA), D/O. OMANAN, KAIPARAMBIL HOUSE, KAIPAMANGALAM, KAIPAMANGALAM VILLAGE KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF FISHERIES, THIRUVANANTHAPURAM. 3. THE ASSISTANT REGISTRAR/ARBITRATOR CUM SPECIAL SALE OFFICER OF THRISSUR CO OPOERATIVE SOCIETY, THRISSUR. 4. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., NO. 60, THRISSUR REPRESENTED BY ITS GENERAL MANAGER. 5. THE BRANCH MANAGER, PERINJANAM BRANCH OF THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., NO. 60, THRISSUR. GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R1 TO R3 ADV.SRI.P.C. SASIDHARAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ================================== W.P.(C) No.31384 OF 2008 ================================== Dated this the 29th day of October, 2008 J U D G M E N T This writ petition is filed challenging execution proceedings on the basis of different awards Exhibits P5, P6 and P7 issued in 1997 as regards loans availed in 1994. Execution proceedings commenced in 1998. The plea of petitioners is that they are entitled to the benefit of moratorium announced by the State Government for fishermen who were the victims of certain calamities. 2. The learned counsel for the bank states that the transaction in hand are commercial transactions and not granted to the petitioners for any purpose as fishermen. Exhibit P13 judgment was issued on the facts of that case and a perusal of that judgment will show that there is really no finding as to the applicability of the moratorium scheme and it was left to the parties to re-work the total outstanding applying relevant circulars and any moratorium schemes. This means that unless any W.P.(C) No.31384/2008 - 2 - circulars or moratorium schemes are finding on the bank, it was not obliged even to grant any benefit. 3. Whatever that be, if any moratorium is available or if any circular is applicable, it is for the petitioners to bring it to the notice of respondent No.3 or 4 during the course of execution of the awards. That does not call for any intervention of this Court. In the aforesaid circumstances, the challenge to the impugned proceedings fails notwithstanding the fact that the petitioners have produced certain documents as they are the members of the Fishermen Welfare Fund Board. Under such circumstances, this writ petition is ordered directing that any plea of the petitioners as aforesaid could be placed before respondent No.3 or 4 as the case may be, for consideration. If petitioners remit an amount of Rs.2 lakhs within a period of three W.P.(C) No.31384/2008 - 3 - weeks from now, any representation as aforesaid will be considered by either respondent No.3 or 4, as the case may be, within a period of one month and the parties will stand governed by the such decision. The sale shall stand adjourned for such purpose. If there is default in remitting the aforesaid amount, the directions contained in this judgment will stand recalled automatically. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE. Skr/29/10 // True copy // P.A. to Judge.