IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 19071 of 2011(H) --------------------------------------- PETITIONER(S): ----------------------- PONNAMMA, W/O.GOPALAKRISHNAN, AGED 48 YEARS, RESIDING AT "VRINDAVANAM", CHERUSSERIBHAGAM, CHAVARA P.O., KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.VENUGOPAL RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FISHERIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. KOLLAM DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS GENERAL MANAGER, HAVING ITS HEAD OFFICE AT KOLLAM, PIN-696 001. 3. AUTHORISED OFFICER (DEPUTY GENERAL MANAGER) FOR KOLLAM DISTRICT CO-OPERATIVE BANK, HAVING ITS HEAD OFFICE AT KOLLAM, PIN-696 001. 4. SECRETARY, KERALA FISHERMAN DEBT RELIEF COMMISSION THIRUVANANTHAPURAM, PIN-695 001. R1 BY GOVT. PLEADER MR.C.K. GOVINDAN. R2 & R3 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19071 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1(a) & (b): COPY OF THE PASS BOOK BEARING NO.587. EXT.P2: COPY OF THE RATION CARD. EXT.P3: COPY OF THE CASE SUMMARY AND DISCHARGE RECORD ISSUED BY SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY. EXT.P4: COPY OF THE AGREEMENT BEARING NO.DL A AND B (6) 402/12 2004-2005 DATED 25/01/2005. EXT.P5: COPY OF THE RECEIPT OF APPLICATION BARING NO.016674 DATED 09/02/2009. EXT.P6: COPY OF THE NOTICE BEARING NO.DCM/05/03-04/3461. EXT.P7: COPY OF THE STATEMENT OF OBJECTION. EXT.P8: COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(M.S.) NO.1/2011/F&HD DATED 01/01/2011. EXT.P9: COPY OF THE COMMUNICATION ISSUED SECRETARY TO GOVERNMENT VIDE COMMUNICATION DATED 21/01/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S.SIRI JAGAN, J. ================== W.P.(C).No. 19071 of 2011 ================== Dated this the 22nd day of July, 2011 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from her to the 2nd respondent bank. Respondents 2 and 3 have initiated proceedings for coercive recovery of the same, which is under challenge in this writ petition. According to the petitioner, the petitioner is a fisherman and entitled to the benefits of the Fishermen Debt Relief Scheme of the Government of Kerala. The petitioner, therefore, seeks the following reliefs: “i. To call for all records leading to issuance of Exhibit P6 demand Notice issued under Section 13(2) of SARFAESI Act and issue a Writ of Certiorari to quash the same as is highly arbitrary and unfounded. ii. To issue A Writ of Mandamus or any appropriate writ or order or direction in the nature of Mandamus commanding the respondents 2 to 4 not to proceed under 13(2) of SARFAESI Act by treating the same as a debt eligible to be write off amounting Rs. 75000/- vide proceedings under Sec 11 Kerala Fishermen debt relief Act and in the light of Ext.P8 and Ext.P9. iii. To Issue a Writ of Mandamus or any appropriate writ or order Kerala Fishermen Debt Relief commission to expedite its proceedings in disposing Exhibit P5 application or other application of this nature provided by her husband. iv. To Issue A Writ of Mandamus or any appropriate writ or order or direction declaring that petitioners are eligible for regularize the loan facility in accordance with existing terms by continuing E.M.I. facility overlooking Exhibit P6 notice issued u/s. 13(2) of SARFAESI Act.” 2. The learned counsel for the bank, on instructions, submits that there is no evidence produced by the petitioner to show that the w.p.c.19071/11 2 petitioner is entitled to the benefits of the scheme. According to the learned counsel, as per the application for loan of the petitioner, her avocation is loading and unloading. But, still the bank is prepared to consider her claim under the scheme, if she produces appropriate proof to show that the petitioner is entitled to the benefits of the scheme, which has to be done by 31.7.2011, which is the last date for making application for benefits under the scheme. 3. Having heard both sides, I dispose of this writ petition with the following directions; The petitioner shall produce appropriate proof regarding her eligibility for the benefits of the Fisherman Debt Relief Scheme before the 3rd respondent on or before 31.7.2011. The 3rd respondent shall consider and pass appropriate orders thereon, as expeditiously as possible, at any rate, within two weeks from 31.7.2011. Till then, further coercive proceedings for recovery of the amounts due from the petitioner shall be kept in abeyance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge