IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 W.P(C).No. 26686 of 2008(B) -------------------------- AGAINST THE ORDER IN EP 228/07 IN OS.251/2004 OF PRL.S.C.,THALASSERY. .................... PETITIONER: ------------ J. THOMAS, S/O.JOSEPH, AGED ABOUT 64 YEARS, AGRICULTURIST ILLIKKUNNEL HOUSE, CHARAL.P.O, THALASSERY TALUK, KANNUR, PIN 670 706. BY ADV. SRI.JIJI THOMAS PAMBACKAL SRI.SMITHA JIJI PAMBACKAL RESPONDENT: ----------- THE FEDERAL BANK LTD., BY ITS VALLITHODE BRANCH REP. BY BRANCH MANAGER, KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 26686 OF 2008 ............................................ DATED THIS THE 4th DAY OF SEPTEMBER, 2008 JUDGMENT Petitioner is the judgment debtor and first respondent, the decree holder. For realisation of the amount due under the decree in O.S.251 of 2004 on the file of Sub Court, Thalassery, respondent filed E.P.228 of 2007. In that execution proceedings, the mortgaged property was directed to be sold. When sale was ordered, petitioner filed WP(C) 5599 of 2008 challenging the order. This court under Ext.P2 judgment dated 18.2.2008, granted an opportunity to petitioner to file an additional objection and directed the executing court to fix the upset price or show the valuation estimated by judgment debtor also in the sale proclamation as provided under second proviso to sub-rule 2 of Rule 66 of Order XXI of Code of Civil procedure. When the executing court directed further proclamation and sale as directed by this court, this petition is filed under Article 227 of Constitution of India challenging Ext.P4, the copy of the paper containing the sale proclamation published as directed by the executing court. If the grievance of the petitioner is that additional objection filed by him was not considered, remedy of WP(C) 26686/2008 2 petitioner was to challenge the order overruling the objections and directing proclamation and sale. Writ petition challenging the publication of the sale proclamation in the newspaper is not maintainable. Petitioner has no case that his additional objection was not considered. What is claimed by petitioner is that he is entitled to the benefit of Agricultural Debt Waiver and Debt Relief Scheme, 2008. But that scheme is not made available to a judgment debtor against whom a decree has already been passed by the court. In such circumstances, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-