Elizabeth vs State Of Kerala
2022 Latest Caselaw 5668 Ker

WP(C) NO. 28424 OF 2013            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                          WP(C) NO. 28424 OF 2013
PETITIONER/S:

               ELIZABETH
               PRINCE VILLA, ALUMMOODU PEEDIKA P.O., KARUNAGAPALLY
               TALUK, KOLLAM DISTRICT.

               BY ADV SRI.V.PHILIP MATHEW



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE DISTRICT COLLECTOR
               KOLLAM-691 001.

      3        THE TAHSILDHAR
               TALUK OFFICE, KARUNAGAPALLY-690518.

      4        KARUNAGAPALLY CO-OPERATIVE AGRICULTURAL RURAL
               DEVELOPMENT BANK
               KARUNAGAPALLY, KOLLAM DISTRICT-690 518. REPRESENTED
               BY ITS SECRETARY.

      5        THE ASSISTANT REGISTRAR
               PRIMARY CARD BANK, KARUNAGAPPALLY, KOLLAM DISTRICT-
               690 518.

      6        KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD
               THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS
               MANAGING DIRECTOR.

      7        THE JOINT REGISTRAR
               OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES
 WP(C) NO. 28424 OF 2013           2


               (GENERAL), KOLLAM-691 001.

      8        KERALA STATE FISHERMEN DEBT RELIEF COMMISSION
               T.C.11/683-12, NALANDA ROAD, NANDANCODE, KAWADIYAR
               P.O., THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS
               SECRETARY.

               BY ADVS.
               GOVERNMENT PLEADER, SMT.DEEPA NARAYANAN, SR.GP
               SRI.P.GOPAL, R4
               SRI.B.MURALEEDHARAN




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28424 OF 2013              3




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No. 28424 of 2013
                     --------------------------------------
                 Dated this the 27th day of May, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"i) Issue a writ of mandamus or other appropriate writ order or direction commanding respondents 1 and 2 to sanction the amount which is due from the petitioner to the 4 th respondent bank under the Tsunami Relief Schemes and to forward the said amount to the 4th respondent bank.

ii) Issue a writ of mandamus or other appropriate writ order or direction commanding respondents 4 to 6 to writ off the loan dues which is due from the petitioner to the 4th respondent bank under the Debt Relief Scheme.

iii) Issue a writ of mandamus or other appropriate writ order or direction commanding the 8th respondent to dispose the application submitted by the petitioner for waiving the debt which is due from the petitioner to the 4 th respondent bank, mentioned in Exhibit P6.

vi) Issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent to take further action on the application for waiver of debt submitted by the petitioner and mentioned in Exhibit P2 within a time limit to be specified by this Hon'ble Court.

v) Mould and grand such other reliefs which this Hon'ble Court deems just and necessary and that may be prayed for by

the petitioner while hearing the writ petition." [SIC]

2. When this writ petition came up for consideration,

the counsel appearing for the 4th respondent submitted that the

loan account of the petitioner is already closed and the

petitioner paid the entire amount on 30.06.2014.

In the light of the same, nothing survives in this case.

Recording the submission of the counsel appearing for the

Bank, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 28424/2013

PETITIONER EXHIBITS

EXHIBIT-P1: COPY OF THE COMMUNICATION DATED 16.07.2011 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT-P2: COPY OF THE COMMUNICATION DATED 03.08.2011 ISSUED BY THE HON'BLE REVENUE MINISTER.

EXHIBIT-P2(A): COPY OF THE COMMUNICATION DATED 01.07.2011 ISSUED BY THE 8TH RESPONDENT.

EXHIBIT-P3: COPY OF THE COMMUNICATION DATED 10.11.2011 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER.

EXHIBIT-P4: COPY OF THE COMMUNICATION DATED 04.01.2012 ISSUED BY UNDER SECRETARY TO GOVERNMENT TO THE PETITIONER STATING THAT HER REPRESENTATION HAS BEEN SENT TO 2ND RESPONDENT.

EXHIBIT-P5: COPY OF THE COMMUNICATION DATED 23.01.2012 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT-P6: COPY OF THE COMMUNICATION DATED 21.01.2012 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER.

RESPONDENT'S EXHIBITS            :



EXT.R8(A)             TRUE    COPY   OF   GO(P)   NO.    37/13/F&PD   DATED
17.6.2013