IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 19613 of 2009(O) -------------------------- OS.301/2000 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER(S): -------------------------- R.NARAYANANKUTTY, SON OF RAMAN, PARAKKTTUKALAM, MUTHACHETTY KOLAMBU, TATTAMANGALAM, CHITTUR, PALAKKAD. BY ADVS. MR.S.EASWARAN, MR.P.MURALEEDHARAN (IRIMPANAM). RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI. 2. THE CATHOLIC SYRIAN BANK LIMITED, TATTAMANGALAM BRANCH, P.O.TATTAMANGALAM, REPRESENTED BY ITS BRANCH MANAGER. 3. THE GRIEVANCE REDRESSAL OFFICER, THE CATHOLIC SYRIAN BANK LIMITED, TATTAMANGALAM BRANCH, P.O.TATTAMANGALAM. R1 BY MR. P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL BY ADV. SRI.ABRAHAM THOMAS, CGC R2 BY ADV. MR.C.A.JOY,SC,CATHOLIC SYRIAN BANK LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19613/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF AUCTION NOTIFICATION DTD. 11TH JUNE, 2009 ALONG WITH THE SCHEDULE. P2: COPY OF THE AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME 2008. P3: COPY OF REPRESENTATION DTD. 30TH JUNE, 2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.19613 OF 2009 () ----------------------------------- Dated this the 20th day of August, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: i. to issue a writ of certiorari or other appropriate writs, directions or orders to declare that the petitioner is entitled for the benefit of Ext.P2 scheme. ii. to issue a writ of mandamus or other appropriate writs, directions, or orders restraining the 2nd respondent from proceeding further with Ext.P1 pending Ext.P3; iii. to award the costs of the petitioners of these proceedings; iv. to grant such other reliefs as this Honourbale Court may deem fit, just and proper in the circumstances of the case. 2. Petitioner is the judgment debtor in E.P.No.247 of 2004 in O.S.No.301 of 2000 on the file of the Sub Court, Palakkad. In execution of the decree passed in the above suit, WPC.19613/09 2 property given as security for the loan availed from the decree holder bank was proceeded for sale. When notice for proclamation of sale under Order XXI Rule 66 of the Code of Civil Procedure was issued, he has filed the present writ petition seeking the aforementioned reliefs invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. The learned counsel for the decree holder bank submits that an amount of Rs.5,87,900/- as on the date when steps were taken for proclamation of sale was outstanding against the petitioner. Petitioner has filed the writ petition setting forth a case that the Central Government has declared some scheme for the benefit of the farmers, for which, as a farmer, he is also entitled to get waiver of the loan liability under the loan availed from the bank. No material whatsoever was produced to substantiate the case so canvassed. At the time of admitting the petition, an interim stay was granted directing the petitioner to deposit a sum of Rs.1 lakh. That order has WPC.19613/09 3 also not been complied with. I find no merit in the writ petition, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp