IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 4219 of 2008(B) ------------------------- AGAINST THE ORDER IN EP 281/2007 IN OS.20/2003 of MUNSIFF COURT, MANJERI .................... PETITIONER: ------------ M.SHOUKATHALI, S/O.KUNHAMED, AGRICULTURIST, RESIDING AT MOORKAN HOUSE, MEPPADAM P.O., MAMBAD AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.H.BADRUDDIN RESPONDENT: ------------- SOUTH MALABAR GRAMIN BANK, MAMPAD BRANCH, REPRESENTED BY ITS MANAGER. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.4219 OF 2008 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE AGREEMENT FOR THE LOAN EXECUTED BY THE PETITIONER WITH THE RESPONDENT BANK DT.02.02.1998 EXT.P2: TRUE COPY OF THE PLAINT FILED BY THE RESPONDENT BANK BEFORE THE COURT OF MUNSIFF, MANJERI DT.20.12.2002. EXT.P3: TRUE COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT BANK AGAINST THE PETIITONER VIDE E.P.NO.281/2007 IN O.S.20/2003 DT.29.06.07 EXT.P4: TRUE COPY OF THE PROCLAMATION ORDERED BY THE COURT OF MUNSIFF, MANJERI IN E.P.NO.281/2007 IN O.S.20/2003 EXT.P5: TRUE COPY OF THE PACKAGE OF RELIEF MEASURES FOR THE DEBT STRESSED FARMERS OF THE DISTRICTS OF KERALA ISSUED BY THE PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA BY G.O.(MS) 194/2004 /REVENUE DT.09.06.2004. EXT.P6: TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN E.P.281/2007 IN O.S.20/2003 BEFORE THE COURT OF MUNSIFF, MANJERI DT.13.11.2007 EXT.P7: TRUE COPY OF THE RECEIPT ISSUED BY THE KERALA AGRICULTURAL DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM BEARING CMP NO.129/2007 (ML) DATED 08.08.2007 TO THE PETITIONER. -TRUE COPY- P.A.TO JUDGE pa M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.4219 of 2008 ------------------------------- Dated this the 29th May, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India to restrain the sale of property under Ext.P4 proclamation in E.P.No.281/2007. The case of the petitioner is that he is a debtor, as provided under the Kerala Farmers' Debt Relief Commission Act, 2006, (for short 'the Act'), and under Section 11 of the Act, no application for execution of the decree in respect of the debt shall be made against a farmer, and, the property cannot be sold. Petitioner did not file any application before the Executing Court claiming the benefit provided under the Act. It is not for this Court to consider and decide whether petitioner is a farmer and the decree is a debt, as provided under the Act, and whether he is entitled to the benefit under Section 11 of the Act. It is for the petitioner to claim the benefit before the Executing Court. If the petitioner files an application claiming the benefit of the said Act, Executing Court shall dispose the same without any delay, in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE nj.