IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21918 of 2011(S) ------------------------------- PETITIONER(S): ----------------- K.K.PREMJI,MIDHULAPURI, CLAPPANA NORTH,CLAPPANA P.O, KOLLAM 690 525. BY ADV. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SMT.BABITHA THAMBI RESPONDENT(S): ------------------ 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. KERALA STATE FARMERS DEBT RELIEF COMMISSION,REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM 695 001. 3. KOLLAM DISTRICT CO-OPERATIVE BANK LTD REPRESENTED BY ITS MANAGING DIRECTOR, KOLLAM DISTRICT CO-OPERATIVE BANK LTD, KOLLAM 691 001. 4. BRANCH MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD, VALLIKKAVU BRANCH,P.B NO.130,KOLLAM 691 001. 5. S.M.IQBAL, THEKKEVALIYATH,VARAVILA P.O, VAVVAKKAVU,KARUNAGAPPALLY, KOLLAM 690518. 6. MUMTAZ,WIFE OF S.M.IQBAL, THEKKEVALIYATH,VARAVILA P.O, VAVVAKKAVU, KARUNAGAPPALLY, KOLLAM 690 518. R1 & R2 BY SR.GOVT.PLEADER SRI.BENNY GERVACIS R3 & R4 BY ADV.SRI.M.K.CHANDRA MOHANDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF STATEMENT FILED BY THE FOURTH RESPONDENT BEFORE THE SECOND RESPONDENT COMMISSION, DATED 10.4.2008. EXHIBIT P1(a): TRUE TRANSLATION OF EXHIBIT P1. EXHIBIT P2: COPY OF THE FINAL ORDER IN APPLICATION NO.182456/2008 PASSED BY THE SECOND RESPONDENT COMMISSION DATED 19.8.2008. EXHIBIT P3: COPY OF REVISION PEITION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT COMMISSION, DATED 8.11.2010. EXHIBIT P4: COPY OF ORDER BEARING R.P.NO.916/10(KL) IN APPLICATION NO.182456/08/KL PASSED BY THE SECOND RESPONDENT COMMISSION, DATED 19.3.2011. EXHIBIT P4(a): TRUE TRANSLATION OF EXHIBIT P4. EXHIBIT P5: TRUE COPY OF THE COMMUNICATION ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 30.6.2011. EXHIBIT P5(a): TRUE TRANSLATION OF EXHIBIT P5. /TRUE COPY/ PS TO JUDGE J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No. 21918 of 2011 ---------------------------------------------- Dated this the 11th day of August, 2011 JUDGMENT Ramachandra Menon, J. The petitioner, who is stated as a public spirited citizen, has approached this Court with this Writ Petition styled as a 'Public Interest Litigation', stating that Exhibit P4 order passed by the second respondent Debt Relief Commission is not being implemented, causing much loss to the public exchequer and hence sought to be intercepted. 2. The sequence of events as narrated in the petition shows that the fifth and sixth respondents had borrowed some amounts from the third respondent-Bank. Pursuant to some benefits extended by the State Government by way of debt relief, the borrowers approached the Debt Relief Commission and obtained waiver of the amount, to the extent as ordered by the Debt Recovery Commission. 3. Subsequently, the petitioner, who is a stranger, approached the second respondent and filed a Review Petition. After considering the case projected by the petitioner, the review WP(C).21918/11 2 petition was allowed by the second respondent, as per Exhibit P4 order dated 19.3.2011 holding that the concerned borrower was not actually entitled to have the benefit under the Debt Relief Scheme and in turn, ordered recovery of the amount already compensated by the Government. The alleged callous inaction on the part of the concerned authorities in effecting the recovery based on Exhibit P4 made the petitioner to approach this Court by filing this Writ Petition. 4. But for the vague averments allegation as to the alleged social cause that is being sought to be pursued by the petitioner, we find it difficult to locate any 'public interest' in the writ petition. If there is a finding rendered by the second respondent as to the ineligibility of the beneficiary (to whom some benefit was granted earlier ordering consequential recovery), it is for the concerned parties in favour of whom Exhibit P4 has been passed, to have the amount recovered, if they so desired. The delay in taking any action by the third respondent-Bank or the concerned authorities, cannot give rise to any cause of action to the petitioner, to have approached this Court seeking Exhibit P4 to be implemented, trying to persuade the Constitutional Court to WP(C).21918/11 3 function as the execution court of the Debt Relief Commission. We find that the Writ Petition is devoid of any merit and it is nothing but an abuse of the process of Court. In the said circumstances, the Writ Petition is dismissed with a cost of `5,000/- to be paid to the Kerala High Court Legal Services Committee within one month, failing which, the Registrar General will be at liberty to issue necessary certificate in favour of the beneficiary, to have the amount realised, in accordance with law. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs