IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 W.A.No. 1753 of 2009() AGAINST THE ORDER IN WPC.15780/2009 Dated 05/08/2009 APPELLANT: PETITIONER IN I.A/PETITIONER IN WPC SURENDRAN, KATTUPARAMPILTHEKKETHIL, CHINGOLI P.O, ALAPPUZHA DIST. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENTS: RESPONDENTS/RESPONDENTS 1. THE KARTHIKAPALLI TALUK CO.OPERATIVE AGRICUTLURE AND RURAL DEVELOPMENT BANK, NO.A326, HARIPAD P.O, PIN-690 514, REP.BY ITS SECRETARY. 2. THE SECRETARY, THE KARTHIKAPALLI TALUK CO-OPERATIVE AGRICUTLURE AND RURAL DEVELOPMENT BANK, NO.A326, HARIPAD P.O,PIN -690 514. 3. THE SALE OFFICER,THE KARTHIKAPALLI TALUK CO.OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK, NO.A326, HARIPAD P.O, PIN -690 514. 4. KERALA STATE FISHERMEN DEBT RELIEF COMMISSION,THIRUVANANTHAPURAM. 5. STATE OF KERALA REP.BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SRI.P.SREEKUMAR-R1 TO R3 GOVT.PLEADER SMT.R.BINDU-R5 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1753 OF 2009 --------------------------------------------- Dated this the 7th day of August, 2009 JUDGMENT Balakrishnan Nair, J. This Writ Appeal is filed against the order in I.A. No. 9806 of 2009 in W.P.(C) No.15780 of 2009. The appellant is a defaulter and , therefore, the property given by him by way of security was sought to be sold by the third respondent. The learned Single Judge granted stay, subject to payment of 50% of the amount due. Later, the appellant came across a newspaper report where a moratorium was declared against enforcing recovery of loan amounts from fishermen. The appellant/petitioner claims to be a fisherman. So, he is a beneficiary of that declaration. Relying on the said declaration, the appellant moved for modification of the interim order. In support of his contention, the appellant produced the newspaper report. The learned Single Judge declined to act on that newspaper report and dismissed the application. Hence, this appeal. W.A. NO. 1753/2009 2 2. We find no infirmity in the order of the learned Single Judge. Unless the appellant/petitioner produces some reliable material, this Court cannot be blamed for not granting a stay as prayed for by the petitioner or for not modifying the stay order already granted by this Court. So, the appellant can move the learned Single Judge by producing some reliable material and again seek the relief. The dismissal of I.A. No.9806 of 2009 will not stand in his way to do that. Subject to this observation, the Writ Appeal is dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1753/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.1753/2009 JUDGMENT 7th August, 2009