IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 21514 of 2011(L) --------------------------------------- PETITIONER(S): ----------------------- DEVIKULAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK ADIMALI REPRESENTED BY ITS SECRETARY. BY ADV. SRI.C.C.ABRAHAM SRI.V.J.JAMES RESPONDENT(S): --------------------------- 1. K.V.BALAKRISHNAN, S/O.VELAYUDHAN, AGED 58 YEARS, KURUMULLIL HOUSE, ADIMALI P.O, IDUKKI DISTRICT. PIN- 685 561. 2. THE KERALA STATE FARMER'S DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN- 695 001. BY GOVERNMENT PLEADER SRI.S.ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.21514/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 25/7/2008 PASSED BY THE 2ND RESPONDENT IN APPLICATION NO.88/07/ID FILED BY THE 1ST RESPONDENT. P2 COPY OF THE EXTRACT MAINTAINED BY THE BANK AS ON 17/10/2001. P3 COPY OF THE STATEMENT OF ACCOUNT MAINTAINED BY THE PETITIONER BANK AS ON 25/07/2008 PERTAINING TO THE 1ST RESPONDENT. P4 COPY OF THE REVIEW PETITION DATED 31/3/2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5 COPY OF THE ORDER DATED 22/7/2010 IN R.P.NO.822/10/ID PASSED BY THE 2ND RESPONDENT. P6 COPY OF THE COMPLAINT NO.46/2011 FILED BY THE 1ST RESPONDENT BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM IDUKKI DISTRICT. P7 COPY OF THE VERSION FILED BY THE PETITIONER IN C.C.NO.46/2011 BEFORE THE DCDRF, IDUKKI. P8 COPY OF THE ORDER DATED 30/5/2011 IN C.C.NO.46/2011 PASSEDBY THE DCDRF IDUKKI. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.21514 of 2011 ------------------------------- Dated this the 9th day of August, 2011 J U D G M E N T Exts.P1 order passed on 25.7.2008 by the Kerala State Farmers' Debt Relief Commission and Ext.P5 order passed on 22.7.2010 dismissing the application filed by the petitioner bank for review of Ext.P1 are under challenge in this writ petition. Ext.P1 order was passed on 25.7.2008 and Ext.P5 order was passed on 22.7.2010. More than one year has passed thereafter. There is however no explanation what so ever in the writ petition for not taking steps to challenge the said orders in this Court within a reasonable time from the date of receipt of Ext.P1 order. That apart relying on Exts.P1 and P5 orders, the Consumer Disputes Redressal Forum, Idukki has by order dated 30.5.2011 directed the petitioner bank to return the documents of title deposited by the first respondent. The petitioner has no case that the first respondent has not deposited the amounts payable by it in terms of Exts.P1 and P5 orders. It was only after the Consumer Disputes Redressal Forum passed Ext.P8 order relying on Exts.P1 and P5 orders that the petitioner thought of challenging the said orders in this Court. As stated earlier, there is no explanation what so ever for not challenging Exts.P1 and P5 orders earlier. The W.P.(C) No.21514 of 2011 2 bank has also no case that it was unaware of Exts.P1 and P5 orders. In such circumstances, I am of the opinion that the writ petition is liable to be dismissed on the ground of delay and laches. I accordingly decline jurisdiction and dismiss the writ petition. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.21514 of 2011 JUDGMENT Dated:- 9th August, 2011 --------------------------------------