IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 W A.No. 906 of 2008 AGAINST THE JUDGEMENT IN WPC.7505/2008 Dated 04/03/2008 APPELLAN/PETITIONER: THE THODUPUZHA URBAN CO-OPERATIVE BANK LTD.NO.394, THODUPUZHA, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENTS/RESPONDENTS: 1. THE KERALA STATE FARMERS DEBTS RELIEF COMMISSION, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 2. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PAINAVU, IDUKKI. 4. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THODUPUZHA. 5. THE SPECIAL SALE OFFICER, THODUPUZHA URBAN BANK (GROUP) OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THODUPUZHA. 6. SRI.A.K.ABDUL JABBAR, ARACKAPARAMBIL (H), KAITHAKKODU KARA, THODUPUZHA, IDUKKI (DISTRICT). 7. SMT.LAILA, ARACKAPARAMBIL (H), KAITHAKKODU KARA, THODUPUZHA, IDUKKI (DISTRICT). R1 TO R5 BY SR. GOVERNMENT PLEADER SMT. K. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K. M. JOSEPH, J. -------------------------------------------------- W. A. NO. 906 OF 2008 --------------------------------------------------- Dated this the 10th April, 2008 JUDGMENT H.L. DATTU, C.J: This Writ Appeal is directed against the orders passed by the learned Single Judge in W.P.(C). No.7505 of 2008 dated 4.3.2008. The Order passed by the learned Single Judge is as follows: "Having regard to the materials disclosed by Exts.P1 to P6, the petitioner would be entitled to move the first respondent for modifying or recalling Ext.P7 Order. It does not, therefore, call for any interference by this Court at this stage. Writ Petition is hence dismissed without prejudice to the right of the petitioner to move the first respondent to recall or modify Ext.P7." 2. We will be referring to the parties in the Writ Appeal as arrayed in the Writ Petition. 3. Petitioner is an Urban Co-operative Bank. It has purchased the property of respondents 6 and 7 pursuant to an auction sale in arbitration proceedings. The sale has been confirmed by the Assistant Registrar (General) of Co-operative Societies, Thodupuzha and also has issued a Sale Certificate in favour of the petitioner and further issued a notice to respondents 6 and 7 to quit and deliver vacant possession of the property in favour of the petitioner, Urban Co-operative Bank. 4. Being aggrieved by the eviction proceedings, respondents 6 and 7 in the Writ Petition have filed an application before the Kerala State Farmers' Debt Relief Commission (for short, the Commission). The Commission while entertaining the application filed by respondents 6 and 7, has granted an interim order staying Ext.P6 eviction notice by passing Ext.P7 order. Aggrieved by the interim order so passed WA.906/08 2 by the Commission, petitioner, Urban Co-operative Bank was before this Court in W.P.(C). No.7505/08. The learned Single Judge has declined to entertain the Writ Petition and further has observed in the Order, that, if for any reason the Bank is aggrieved by the interim order (Ext.P7), the Bank can file an appropriate application for modification/vacating the interim order. Aggrieved by the aforesaid directions issued by the learned Single Judge, the appellant is before us in this Writ Appeal. 5. Learned counsel for the appellant would submit that the order passed by the Commission is one without jurisdiction and, therefore, the learned Single Judge ought to have entertained the Writ Petition. We find it difficult to accept the submission of the learned counsel. 6. An interim order is passed by the Commission. The Bank has filed Annexure A1 application before the Commission and that application is not yet disposed of. Therefore the only relief that can be granted in this Writ Appeal is to direct the Commission to consider Annexure A1 application for modification/vacating the interim order and pass appropriate orders thereon in accordance with law, after hearing all the parties, within a period of six weeks from the date of receipt of a copy of this Court's Order. We do so. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE. K.M. JOSEPH, kbk/DK. JUDGE.