The High Court dismissed this writ petition filed by a cooperative bank challenging an order that reduced debt relief for respondents who were rubber cultivators but whose spouses were ration dealers. The Court held the commission acted within jurisdiction.
No costs to be awarded to any party.
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 A.MUHAMED MUSTAQUE
FRIDAY, THE 19TH DAY OF SEPTEMBER 2014/28TH BHADRA, 1936
WP(C).No. 17528 of 2011 (M)
PETITIONER:
ERANAD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.4363, P.O.KARUVAMBRAM, MANJERI, MALAPPURAM DISTRICT. REPRESENTED BY ITS SECRETARY.
BY ADVS.SRI.V.RAJENDRAN SMT.A.S.BEENU
RESPONDENT(S):
1. KERALA STATE FARMERS' DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, KSFDRC OFFICE, VENPALAVATTOM, P.O.ANAYARA, THIRUVANANTHAPURAM-695 024.
2. P.M.SURENDRAN, POTHODI MARUMBATH VEEDU, MANALODI, NILAMBUR-679 329, MALAPPURAM DSITRICT.
3. K.PRABHAVATHY KANDOTHU, POTHODI MARUMBATH VEEDU, MANALODI,
NILAMBUR-679 329, MALAPPURAM DSITRICT.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001.
R1 & R4 BY SENIOR GOVERNMENT PLEADER SRI.MOHAMMED SHAFFI.M
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 17528 of 2011 (M)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXT.P1(A) - TRUE COPY OF THE STATEMENT DATED 22.12.10 FILED ON BEHALF OF THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P(B) - TRUE COPY OF THE STATEMENT DATED 22.12.0 FILED ON BEHALF OF THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P2 - TRUE COPY OF THE ORDER DATED 22.12.10 OF THE 1ST RESPONDENT COMMISSION.
RESPONDENT(S)' EXHIBITS: - NIL
/TRUE COPY/
P.A. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = = WP(C).No.17528 of 2011-M.
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Dated this the 19th day of September, 2014.
J U D G M E N T
This writ petition is filed by a Co-operative Bank aggrieved by the final order passed by the Kerala State Farmers' Debt Relief Commission, Thiruvananthapuram, the first respondent herein. The Debt Relief Commission though found that the party respondents are not entitled for relief because the husband of the 3rd respondent is a ration dealer and also a rubber cultivator. However, the Commission ordered that party respondents need pay only double the principal amount within six months.
WP(C).No.17528/2011-M.
2
Commission has exceeded its jurisdiction. The quantification of the alleged debt relief is a parameter to the relief being granted to the debtors. Merely because of a person who was unable to produce crop loss certificate they cannot be considered as farmers. Admittedly they are rubber cultivators. Therefore, the first respondent had jurisdiction to decide though it may be in circumstances the relief may not have been possible to be granted to the debtors for the reason one of the spouse is a ration dealer. The fact involved perhaps prompted the Debt Relief Commission to direct the bank to permit the debtors to pay double the principal amount. As has been noted by this Court the decision of the Debt Relief Commission to the extend the concession is within the jurisdiction. Accordingly this writ petition is dismissed. No costs.
Sd/-
A.MUHAMED MUSTAQUE, (Judge)
// true copy //
Kvs/-
2 issues framed by the court
Whether the High Court could interfere with an order of a tribunal that diminished debt relief but did not deny it entirely.
Whether a debt relief commission exceeded its jurisdiction by requiring debtors to pay double the principal amount due to their spousal occupation issues.
1 provisions across 1 enactments
Eranad Primary Co-operative Agricultural & Rural Development Bank Ltd.
Kerala State Farmers' Debt Relief Commission
P.M. Surendran
K. Prabhavathy
State of Kerala
A.Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
