The High Court of Kerala dismissed a writ petition challenging the Debt Relief Tribunal's order. The Court rejected the claim that the Tribunal's process violated natural justice due to lack of notice and held that the petitioner did not qualify as a debtor under the Debt Relief Act of 1977.
No costs. The writ petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
THURSDAY, THE 21ST JUNE 2007 / 31ST JYAISHTA 1929
OP.No. 3070 of 2000(M)
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PETITIONERS:
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JOSE HERMAN, SON OF GREGORY, PANAKKAL, CHELLANAM VILLAGE, NORTH CHELLANAM P.O.
BY ADV. SRI.V.GIRI
..2/-
...2...
O.P.NO.3070/2000 M
RESPONDENTS:
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1. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI (THE DEBIT RELIEF APPELLATE AUTHORITY, FORT KOCHI).
2. THE TAHSIDLAR, KOCHI (DEBT RELIEF TRIBUNAL, KOCHI).
3. THE DY.TAHSILDAR, KOCHI.
4. JOSEPH, SON OF PETER, ARACKAL HOUSE, CHELLANAM VILLAGE.
5. JOHN, S/O....DO....DO...DO....
6. KUNJAPPAN, S/O. DO....DO.....
7. RUBY THOMAS, W/O.LATE THOMAS, ....DO....DO.....
8. PETER SHYLY, S/O. ...DO...DO....DO.....
9. ANTONY LEVY, S/O....DO...DO...DO......
10. ADALEENA, W/O.SEBASTIAN, ....DO...DO.....
11. SALEENA, D/O....DO....DO.....
12. JOSEPH, D/O....DO....DO......
BY ADV. SRI.P.KESAVAN NAIR) SRI.K.G.CLEETUS ) for R4 to R12
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON C.M.P.NOS.5066/2000, 33256/2001, 39690 AND 39691/2001 IN O.P.NO.3070/2000 M
DISMISSED
21/06/2007
SD/- PIUS C. KURIAKOSE, JUDGE
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P6: COPY OF THE ORDER OF THE FIRST RESPONDENT DTD. 3/01/2000 RECEIVED BY THE PETITIONER ON 6/01/2000.
...2/-
...2....
O.P.NO.3070/2000 M
| EXT.R11(D): | COPY OF CERTIFICATE ISSUED BY THE KERALA STATE ELECTRICITY BOARD, KANNAMALLY ELECTRICAL SECTION. |
|---|---|
| EXT.R11(E): | COPY OF THE REPORT DTD. 23/10/99 OF THE ASST. EXECUTIVE ENGINEER. |
| EXT.R11(F): | COPY OF LICENCE ISSUED TO THE PETITIONER BY THE COCHIN PORT TRUST. |
| EXT.R11(G): | COPY OF THE WARRANT DTD. 28/01/2000 ISSUED BY THE TRIBUNAL TO THE VILLAGE OFFICER, CHELLANAM. |
| EXT.R11(H): | COPY OF MAHAZAR DTD. 28/01/2000 PREPARED BY THE WARRANT OFFICER. |
| EXT.R11(I): | COPY OF THE REPORT DTD. 29/01/2000 ISSUED BY THE VILLAGE OFFICER, CHELLANAM. |
/TRUE COPY/
Kss
PIUS C. KURIAKOSE, J. ---------------------------------O.P.NO. 3070 OF 2000
Dated this the 21st day of June 2007
JUDGMENT
The petitioner claims that he is a debtor as defined under the Debt Relief Act 17 of 1977. According to him, his annual income as on the date of commencement of the Act was less than Rs.3,000/-. He relied on the report issued by the Village Officer in support of his claim regarding annual income. The Debt Relief Tribunal (Tahsildar), being dissatisfied with the Village Officer's report, deputed the Deputy Tahsildar for further enquiry. The Deputy Tahsildar submitted a report after conducting of enquiry. Ext.P3 is the report submitted by the Tahsildar. Relying on Ext.P3, the Tribunal decided that the annual income of the petitioner as on the date of commencement of Act 17 exceeds Rs.3,000/- and on that basis held that the petitioner is not a debtor who comes within the purview of Act 17 of 1977.
O.P.No. 3070 OF 2000
2
The above order was confirmed under Ext.P5 by the appellate authority under that statute.
him in connection with the ration card he had declared his avocation for life to be business. This supports the respondent's case that the petitioner has income other than from the
O.P.No. 3070 OF 2000 3
agricultural property mentioned by the village officer and that the present stand of the petitioner that his sole source of income is agricultural property. The Debt Recovery Tribunal also noticed that the petitioner holds license for a fishing boat which was purchased with a loan availed by him from the State Bank of India. Though there is no definite material (except circumstances) to support my saying so, I have no doubt in my mind that the total debt of the petitioner at the relevant time is in excess of Rs.3,000/- inclusive of the amount owed to the SBT. Under the statute debtor is a person whose total debt is below Rs.3,000/- and whose annual income is below Rs.3,000/- In this case the petitioner did not qualify to be a debtor either way. In judicial Review, this court does not sit in judgment over the orders passed by the administrative authorities. This court is expected to review only the decision making process. I am of the view that there are no infirmities in the process by which decisions have been arrived at by the Tribunal and the appellate authority. Those findings are reasoned ones based on materials. I do not find any reason to upset those findings.
O.P.No. 3070 OF 2000
4
Challenge against Exts.P3 and P4 fails. The writ petition will
stand dismissed. No costs.
PIUS C. KURIAKOSE, JUDGE.
Dpk
O.P.No. 3070 OF 2000
5
PIUS C.KURIAKOSE, J
O.P.3070 OF 2000
JUDGMENT
21ST JUNE 2007
3 issues framed by the court
Whether the Deputy Tahsildar's report prepared without prior notice violated principles of natural justice.
Whether the petitioner qualifies as a debtor under the Debt Relief Act based on income and debt thresholds.
Whether the High Court can sit in judgment over the findings of the Debt Relief Tribunal and Appellate Authority in judicial review.
1 provisions across 1 enactments
JOSE HERMAN
THE REVENUE DIVISIONAL OFFICER, FORT KOCHI
JOSEPH
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
