IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 19593 of 2007(S) -------------------------- PETITIONER: --------------- JAYAGIRI JANAKEEYA SAMITHY, SANTHIGIRI, REPRESENTED BY ITS CONVENOR,E.T.THOMAS, S/O.THOMAS, EZHUPURAYIL, P.O.ARIVILANJAPOYIL, ALACODE, KANNUR DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, MINISTRY OF AGRICULTURE, GOVERNMENT OF INDIA, CENTRAL SECRETARIAT, NEW DELHI. 3. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 4. THE TAHSILDAR (RR), THALIPARAMBA, KANNOR DISTRICT. 5. THE SPECIAL SALE OFFICER,THALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.,NO.1007, PAYYANNOOR P.O., KANNUR. 6. THE NORTH MALABAR GRAMIN BANK LTD., UDAYAGIRI, KANNUR. 7. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, UDAYAGIRI-670671, KANNUR. ADV. SRI.M.K.SUMOD FOR R.6 SRI.P.PARAMESWARAN NAIR, CGC FOR R2 GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19593 of 2007(S) APPENDIX PETITIONER'S EXHIBITS; EXT.P1: REPRESENTATION DTD.27.11.2003, SUBMITTED BY THE PETITIONER SAMITHY BEFORE THE PRESIDENT OF INDIA. EXT.P1(a): ENGLISH TRANSLATION OF EXT.P1. EXT.P2: REPORT FORWARDED BY THE EXPERT COMMITTEE BEFORE THE CONCERNED AUTHORITY DTD. 20.2.2004. EXT.P3: MASS PETITION SUBMITTED BY THE PETITION ER SAMITHY BEFORE THE CHIEF MINISTER OF KERALA. EXT.P3(a): ENGLISH TRANSLATION OF EXT.P3. EXT.P4: AUCTION NOTICE ISSUED BY R4 TO CERTAIN MEMBERS OF THE SAMITHY DTD. 23.5.2005. EXT.P4(a): AUCTION NOTICE ISSUED BY R4 TO CERTAIN MEMBERS OF THE SAMITHY DTD 23.5.2005. EXT.P4(b): AUCTION NOTICE ISSUED BY R4 TO CERTAIN MEMBERS OF THE SAMITHY DTD 23.5.2005. EXT.P4(i): ENGLISH TRANSLATION OF EXT.P4. EXT.P4(ii): ENGLISH TRANSLATION OF EXT.P4(a). EXT.P4(iii): ENGLISH TRANSLATION OF EXT.P4(b). EXT.P5: CERTIFICATES ISSUED BY R7 AGRICULTURAL OFFICER OF UDAYAGIRI TO CERTAIN MEMBERS OF THE PETITIONER SAMITHY, DTD. 13.6.2004. EXT.P5(a): CERTIFICATES ISSUED BY R7 AGRICULTURAL OFFICER OF UDAYAGIRI TO CERTAIN MEMBERS OF THE PETITIONER SAMITHY, DTD. 13.6.2004. EXT.P5(b): CERTIFICATES ISSUED BY R7 AGRICULTURAL OFFICER OF UDAYAGIRI TO CERTAIN MEMBERS OF THE PETITIONER SAMITHY, DTD. 13.6.2004. EXT.P6: INTERIM ORDER DATED 22.9.2005 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.18947/2005. EXT.P7: STATEMENT IN W.P.(C).NO.18947/2005 FILED FOR AND ON BEHALF OF R1. EXT.P8: JUDGMENT DATED 21.11.2005 IN W.P.(C).NO.18947/2005 PASSED BY THIS HON'BLE COURT. EXT.P9: INTERIM ORDER OF STAY PASSED IN W.P.(C).NO.10755/2006 PASSED BY THIS HON'BLE COURT DTD. 6.4.2004. (CNTD...2) WP(C).No. 19593 of 2007(S) -2- EXT.P10: JUDGMENT DATED 19.6.2006 IN W.P.(C).NO.10755/2006 PASSED BY THIS HON'BLE COURT. EXT.P11: DETAILS OF THE AMOUNT RECEIVED BY CERTAIN MEMBERS OF THE PETITIONER SAMITHY. EXT.P11(a): ENGLISH TRANSLATION OF EXT.P11. EXT.P12: AUCTION NOTICES ISSUED BY R5 AND R6 TO CERTAIN MEMBERS OF THE SAMITHY. EXT.P12(a): AUCTION NOTICES ISSUED BY R5 AND R6 TO CERTAIN MEMBERS OF THE SAMITHY. EXT.P12(a): AUCTION NOTICES ISSUED BY R5 AND R6 TO CERTAIN MEMBERS OF THE SAMITHY. EXT.P12(b): AUCTION NOTICES ISSUED BY R5 AND R6 TO CERTAIN MEMBERS OF THE SAMITHY. EXT.P12(c): AUCTION NOTICES ISSUED BY R5 AND R6 TO CERTAIN MEMBERS OF THE SAMITHY. EXT.P12(d): AUCTION NOTICES ISSUED BY R5 AND R6 TO CERTAIN MEMBERS OF THE SAMITHY. EXT.P12(i): ENGLISH TRANSLATION OF EXT.P12. EXT.P12(ii): ENGLISH TRANSLATION OF EXT.P12(a). EXT.P12(iii): ENGLISH TRANSLATION OF EXT.P12(b). EXT.P12(iv): ENGLISH TRANSLATION OF EXT.P12(c). EXT.P12(v): ENGLISH TRANSLATION OF EXT.P12(d). RESPONDENT'S EXHIBITS: NIL. // TRUE COPY // P.A. TO JUDGE. J.B.KOSHY, Ag.CJ & V.GIRI, J. =========================== W.P.(C).No.19593 of 2007 - S =============================== Dated this the 23rd day of January, 2009. J U D G M E N T Koshy, Ag.CJ. Petitioners are poor farmers in the Udayagiri Panchayath in Thaliparamba Taluk in Kannur District. Because of the failure of crops due to various reasons they are unable to pay the amount borrowed from various banks including Co-operative societies and Government Banks as well as Private Banks and their properties are proceeded for sale. In spite of the directions of this court and vague promises, no effective relief was given by the Government. It is also stated that both Central and State Government have filed counter affidavits stating that crores of rupees have been set apart for relief of farmers. But no positive steps were taken regarding the withdrawal of recovery proceedings and most of the poor farmers are compelled to commit suicide. Government has set up Kerala Farmers Debt Relief Commission. It has got powers to find out the area which is affected and decide whether the petitioners/farmers are entitled to get the benefit etc. and they can also give appropriate reliefs. Therefore, we dispose of W.P.(C).No.19593 of 2007 - S 2 the writ petition without prejudice to the right of the petitioners to approach the above Commission. We also direct the Government to disburse the monetary reliefs promised without delay. We also direct that banks and co-operative societies should not be so harsh to poor farmers and try to help them to survive in these difficult times. J.B.KOSHY, ACTING CHIEF JUSTICE. V.GIRI, JUDGE. bkn/-