K.Mohanan vs Kerala State Fishermen Debt ...
2021 Latest Caselaw 8836 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

  WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                    WP(C).No.4357 OF 2021(T)


PETITIONER/S:

            K.MOHANAN
            AGED 62 YEARS
            S/O KARAPPUNNI, KADUNGAN(H), PURATHOOR,
            MUTTANNOOR MALAPPURAM-676561.

            BY ADVS.
            SRI.THIYYANNOOR RAMAKRISHNAN
            SRI.ARUN KUMAR.P
            SMT.AMBIKA RADHAKRISHNAN

RESPONDENT/S:

      1     KERALA STATE FISHERMEN DEBT RELIEF COMMISSION
            T C-11/884, NALANDA JUNCTION, NANDANCODE,
            TRIVANDRUM-695003.

      2     REGIONAL OF CO-OPERATIVE SOCIETIES
            JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
             THYCAUD (PO), THIRUVANANTHAPURAM-695014.

      3     JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
            SOCIETIES, MALAPPURAM-676505.

      4     THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL
            DEVELOPMENT BANK
            TIRUR MAIN BRANCH, MALAPPURAM-676101.

            SRI.T.G.SUNIL, SC, KSFDRC
            ADV. SRI.T.R.HARIKUMAR
            ADV. SRI.ARJUN RAGHAVAN
            SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4357 OF 2021(T)
                                2




                          JUDGMENT

The petitioner has approached this court claiming

that he is a member of the Kerala Fishermen's Welfare

Fund Board with membership No.787 and the loan

availed by him is liable to be wipe off, in the light of the

scheme proposed by the Government for fishermen. It

seems that the petitioner has approached the Kerala

State Fishermen's Debt Relief Commission by filing an

application as No.604/243. The grievance of the

petitioner is that in spite of the scheme, altering the

liability, the title deeds have not been returned. The

respondents have filed objections.

2. Heard the learned counsel for the petitioner,

the learned counsel for the bank and the learned counsel

for the Kerala State Fishermen's Debt Relief Commission.

3. It seems that the application submitted by him

before the Commission is being adjourned without

passing an order, in the light of the pendency of

W.P.(C)No.246/2020, in which a stay is stated to have WP(C).No.4357 OF 2021(T)

been granted. The petitioner is not a party to the above

Writ Petition. Having considered the rival contentions, I

feel that the right to claim return of the documents may

arise only when the order is passed by the Commission,

fixing the liability and by paying proportion of the

amount liable to be paid by the concerned parties. In

the absence of such an adjudication, the above Writ

Petition seems to be pre-mature. Hence, I am inclined

to dispose of the Writ Petition, reserving the right of the

petitioner to move this court at the appropriate stage.

However, the petitioner will be free to move the Kerala

State Fishermen's Debt Relief Commission for an early

disposal and the Commission shall pass appropriate

orders on his application after considering whether the

stay extend to disposal of the application filed by the

petitioner also.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.4357 OF 2021(T)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PASSBOOK OF THE PETITIONER ISSUED BY THE FISHERIES OFFICER, KERALA FISHERMEN'S WELFARE FUND BOARD, TIRUR.

EXHIBIT P2 TRUE COPY OF THE PASSBOOK OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT BANK.

EXHIBIT P3 TRUE COPY OF THE GEHAN AGREEMENT WITH REGARDS TO THE IMMOVABLE PROPERTY OF THE PETITIONER IN FAVOR OF THE 4TH RESPONDENT BANK.

EXHIBIT P4 TRUE COPY OF THE TEMPORARY RECEIPT OF THE APPLICATION OF THE PETITIONER AS ACKNOWLEDGED BY THE KERALA STATE FISHERMEN DEBT RELIEF COMMISSION.

EXHIBIT P5 TRUE COPY OF CIRCULAR NO.12/2011 BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 1ST FEBRUARY,2011.

EXHIBIT P6 TRUE COPY OF THE ORDER OF JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES DATED 7TH OCTOBER, 2011 BEARING NO.C.R.P(1)6483/09.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 29TH NOVEMBER 2013, BY THE SECRETARY OF THE KERALA STATE FISHERMEN DEBT RELIEF COMMISSION TO THE RESPONDENT BANK.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER DATED 12.12.2017 TO THE 1ST RESPONDENT COMMISSION.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R4(A) A TRUE COPY OF THE CIRCULAR NO 31/2012 DATED 30.06.2012 ISSUED BY THE 2ND RESPONDENT WP(C).No.4357 OF 2021(T)

EXHIBIT R4(B) A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT IN APPLICATION NO 604/243 DAED 21.11.2019

EXHIBIT R4(C) A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT IN APPLICATION NO 604/243 DATED 24.2.2020