IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26188 of 2011(W) -------------------------- PETITIONERS: --------------- P.V.PAULOSE, S/O. LATE P.P.VARGHESE, AGED 72, PARASSERIL HOUSE, MEEMPARA P.O., ERNAKULAM DISTRICT, KERALA STATE. BY ADV. MR. JOHNSON MANAYANI MR. BENHUR JOSEPH MANAYANI MR. JEEVAN MATHEW MANAYANI RESPONDENTS: --------------- 1. BRANCH MANAGER, FEDERAL BANK LTD., KOLENCHERRY P.O., ERNAKULAM DISTRICT-682 311. 2. FEDERAL BANK LTD., FEDERAL TOWERS P.O., ALUVA-683 101, ERNAKULAM DISTRICT, KERALA STATE, REP.BY ITS CHIEF MANAGER. 3. SECRETARY TO FINANCE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, PARLIAMENT STREET, NEW DELHI-110 001. 4. SECRETARY TO GOVERNMENT OF INDIA, AGRICULTURAL AND CO-OPERATION, KRISHI BHAVAN, NEW DELHI-110 001. 5. NATIONAL LEVEL MONITORING COMMITTEE, UNDER AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME, REPRESENTED BY ITS SECRETARY TO FINANCE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, PARLIAMENT STREET, NEW DELHI-110 001. 6. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO FINANCE, GOVERNMENT OF INDIA, JEEVAN BUILDING, PARLIAMENT STREET, NEW DELHI-110 001. R3, 5 AND 6 BY ADV. MR. P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER EXHIBITS EXT.P1 : TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DTD. 2.7.11 FOR THE RECOVERY OF RS.11,69,731 INCLUSIVE OF INTEREST AND PRINCIPAL. EXT.P2 : THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.25.8.2011. EXT.P3 : THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 3 TO 5 DTD.1.9.2011. EXT.P4 : THE TRUE COPY OF THE LAWYER NOTICE DTD.12.9.11 ISSUED BY THE PETITIONERS COUNSEL TO THE RESPONDENTS 1 AND 2. EXT.P5 : THE TRUE COPY OF THE DEBT WAIVER SCHEME ISSUED BY THE 6TH RESPONDENT. RESPONDENTS EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 26188 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the respondents 2 to 6 to command the respondent 1 and 2 not to proceed under Exhibit P1. ii. Declare that the loan transaction mentioned in Exhibit P1 is liable to be written off in view to Exhibits P2 to P5 . iii. Issue such other orders as are deemed fit and proper in the circumstances of the case. 2. When the matter taken up for consideration, the learned Assistant Solicitor entered appearance on behalf of the respondents 3, 5 and 6. 3. The learned counsel for the petitioner submits that the petitioner does not intend to have an adjudication on merits and that the petitioner will be satisfied, if a direction is given to the fifth respondent to consider Ext. P3 statutory appeal preferred against Ext, P1 within a reasonable time. 4. Since the 5th respondent entered appearance through the learned Assistant Solicitor General, this Court does not find it W.P. (C) No. 26188 of 2011 : 2 : necessary to issue separate notice to the 1st and 2nd respondents, more so when Ext. P3 is a statutory appeal. In the above circumstances, the Writ Petition is disposed of directing the 5th respondent to consider and pass appropriate orders on Ext. P3, in accordance with law, of course after giving an opportunity of hearing to both the sides, including the bank, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd