IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 37965 of 2007(T) -------------------------- PETITIONER: ------------ JOSEPH VARKEY, S/O.VARKEY, KAVALAKKATTU, MUTTAM P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.ABRAHAM P.GEORGE SMT.K.V.LEKSHMY RESPONDENTS: ---------------- 1. THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.4388, THODUPUZHA. 2. THE SPECIAL GRADE OFFICER, THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.4388, THODUPUZHA. 3. THE KERALA STATE FARMERS DEBT RELIEF COMMISSION REP. BY THE SECRETARY, KERALA STATE FARMERS DEBT RELIEF COMMISSION, PADIPURA LANE, JAGATHI, THIRUVANANTHAPURAM-23. R1 & R2 BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.37965 of 2007-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of January, 2008. JUDGMENT 1.The petitioner is a debtor of the first respondent. He moved the Kerala State Farmers Debt Relief Commission and the learned Chairman and Members of that Commission were pleased to grant him Ext.P2 order of stay imposing conditions. According to the petitioner, by now, he has remitted Rs.35,000/- out of Rs.50,000/-, the amount to be remitted in terms of Ext.P2 order. All that the petitioner continues to reiterate is that he is a farmer and he is unable to pay off the debts and that he is entitled to the beneficial and ameliorative provisions of some schemes. This is exactly a matter that is pending before the Debt Relief Commission on the Application No.12/2007(ID). In my view, the WP(C)37965/2007 -: 2 :- filing of this writ petition is a mere duplication of a cause, to be carried on in parallel proceedings before two authorities. This tendency ought to be curved. It is not as if the petitioner cannot move the Debt Relief Commission for any indulgence which may be found necessary by the Commission. 2.In the result, without prejudice to the right of the petitioner to move the Kerala State Farmers Debt Relief Commission for any further orders, this writ petition is dismissed, however directing that the sale proceedings shall not be held for a period of one week from now. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/