IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35890 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 255/07 IN OS.252/2004 of PRL.S.C.,THALASSERY .................... PETITIONER(S): --------------- MATHEW D.ELAVANKAL, ELAVANKAL VEEDU, PALATHUMKADAVU P.O., KACHERIKADAVU, AYYANKUNNU, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): --------------- 1. THE FEDERAL BANK LTD., HEAD OFFICE AT ALUVA, BRANCH OFFICE AT VALLITHODU, REPRESENTED BY ITS BRANCH MANAGER, KEEYANTHARA P.O., KANNUR DISTRICT. 2. VALSAMMA MATHEW, ELAVANKAL VEEDU, PALATHUMKADAVU P.O., KACHERIKADAVU, AYYANKUNNU, KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.35890 OF 2009 (O) ----------------------------------- Dated this the 11th day of December, 2009 J U D G M E N T Petitioner is the 1st defendant in O.S.No.252 of 2004 on the file of the Sub Court, Thalassery. The above suit is one for recovery of money, which was decreed in favour of the 1st respondent/plaintiff bank. Execution proceedings are now in progress and after settlement of proclamation steps are afoot for sale. At that stage, petitioner has approached this Court with the present petition stating that on an application moved by him, the Kerala Farmers Debt Relief Commission had passed an order waiving his debts. On the basis of the recommendations purported to have been passed by the Debt Relief Commission, petitioner has filed this writ petition seeking for setting aside Ext.P10 proclamation drawn up by the Sub Court for execution of the decree to realise the decree debt by sale of the mortgaged property. WPC.35890/09 2 2. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary, and, hence, it is dispensed with. If at all the recommendations made by the Debt Relief Commission, a copy of which is produced as Ext.P11, is capable of stultifying the execution of the decree passed in favour of the 1st respondent, on whatsoever grounds available under law, then the petitioner has to approach the execution court and canvass his entitlement to set aside the proclamation on the basis of that recommendation. This Court in exercise of its visitorial jurisdiction cannot sit in judgment as to the value of Ext.P11 recommendation and its merit, if any, on the decree, which has been validly obtained by the 1st respondent from a civil court. Reserving the right of the petitioner to seek appropriate orders, if any, as provided by law, this writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp