Disposed

Omana v. the Secretary, Kerala Agricultural Debt Relief Commission

Kerala HC8 Jul 2024WP(C)/5307/2018

Case brief

AI extract

What is this about?

Agricultural loan defaulters challenged Deputy Tahsildar demand notices and sought consideration of their representation to the Debt Relief Commission. The Court directed the Commission to decide the representation within two months after notice to all petitioners, and stayed coercive proceedings until then.

What did the court decide?

Direction to Debt Relief Commission to decide Ext.P32 representation in two months after notice/hearing to petitioners 2-5; coercive proceedings kept in abeyance till then.

Omana Vs the Secretary, Kerala Agricultural Debt Relief… — Banking and Recovery | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
WP(C) NO. 5307 OF 2018

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PETITIONER:

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1 OMANA AGED 58 YEARS W/O. ANANDAN, PULAKKAL HOUSE, KOTTIYODU, THENKARA P.O., MANNARKKAD, PALAKKAD.

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2 ANANDAN

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S/O. PARU, PULAKKAL HOUSE, KOTTIYODU, THENKARA P.O., MANNARKKAD, PALAKKAD.

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3 SIVANANDAN S/O. BALAKRISHNAN, PULAKKAL HOUSE, KOTTIYODU, THENKARA P.O., MANNARKKAD, PALAKKAD.

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4 PRASANTH S/O. ANANDAN, PULAKKAL HOUSE, KOTTIYODU, THENKARA P.O., MANNARKKAD, PALAKKAD.

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5PRAMOD
S/O. ANANDAN, PULAKKAL HOUSE, KOTTIYODU, THENKARA
P.O., MANNARKKAD, PALAKKAD.
BY ADV SRI.ARUN MATHEW VADAKKAN

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RESPONDENTS:

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1 THE SECRETARY, KERALA AGRICULTURAL DEBT RELIEF COMMISSION

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ARBAN MARKET (AGRI), VENPALAVATTOM, ANAYARA P.O., THIRUVANANTHAPURAM, PIN - 685 029.

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2 DISTRICT POLICE CHIEF PALAKKAD DISTRICT, PALAKKAD - 678 001.

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3 CIRCLE INSPECTOR OF POLICE MANNARKKAD, PALAKKAD DISTRICT, PIN - 678 582.

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4 SUB INSPECTOR OF POLICE

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MANNARKKAD BRANCH, PALAKKAD DISTRICT, PIN - 678 582.

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5 DEPUTY TAHSILDAR MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678 582.

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6 VILLAGE OFFICER

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MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678 582.

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7 AGRICULTURAL OFFICER MANNARKKAD, PALAKKAD DISTRICT, PIN - 678 582.

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8 KERALA GRAMIN BANK REPRESENTED BY ITS MANAGER, MANNARKKAD BRANCH, PALAKKAD DISTRICT, PIN - 678 582.

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9 CANARA BANK REPRESENTED BY ITS MANAGER, MANNARKKAD BRANCH, PALAKKAD DISTRICT, PIN - 678 582.

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WP(C) NO. 5307 OF 2018

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10STATE BANK OF INDIA ESBT
REPRESENTED BY ITS MANAGER, MANNARKKAD BRANCH,
PALAKKAD DISTRICT, PIN - 678 582.
BY ADVS.
SRI.GEORGE THOMAS (MEVADA)(SR.)
SRI.AMAL GEORGE, SC, SBI
SRI. JUSTINE JACOB -SR.GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 5307 OF 2018

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JUDGMENT Dated this the 8^th day of July, 2024

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The writ petition is filed with the following prayers:-

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i) issue a writ of mandamus or other appropriate writ, order or direction directing the first respondent to consider and pass orders on Exhibit P32 within such short time as this Hon’ble Court may deem fit to grant;

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ii) issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

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The petitioners have approached this Court challenging Exts.P23 to P30(a) demand notices issued by the fifth respondent, demanding defaulted amount of agriculture loan availed by the petitioners from respondents 8 to 10.

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When the matter is taken up for consideration today, the learned Counsel for the petitioner submits that the property referred to in the notices is a family property and the petitioners had jointly availed the loan. The petitioners seek for a direction to the first respondent to consider Ext.P32 representation filed by the petitioners, in a time bound manner.

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On a perusal of Ext.P32 representation, it is seen that it

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WP(C) NO. 5307 OF 2018

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was filed by the first petitioner alone and I am of the view that this writ petition can be disposed of, with a direction to the first respondent to take a decision in the matter after issuing notice to petitioners 2 to 5 also.

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Accordingly, the Writ Petition is disposed of as follows:

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The first respondent is directed to consider and pass orders on Ext.P32 representation filed by the first petitioner with notice to petitioners 2 to 5 within a period of two months from the date of receipt of a certified copy of the judgment, after affording an opportunity of hearing to the petitioners. Till orders are passed on Ext.P32 representation, all coercive proceedings against petitioners 1 to 5 shall be kept in abeyance.

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The petitioners are directed to produce the copy of this writ petition and certified copy of this judgment before the first respondent for compliance.

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Sd/SHOBA ANNAMMA EAPEN JUDGE

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RK

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WP(C) NO. 5307 OF 2018

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APPENDIX OF WP(C) 5307/2018

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`PETITIONER EXHI` `EXHIBIT P1`	`BITS` `TRUE COPY` `DEPARTMENT`	`OF CERTIFICATE ISSUED BY` `OF ANIMAL HUSBANDRY,`
	`GOVERNMENT` `PETITIONER`	`OF KERALA IN FAVOUR OF 1ST` `DATED NIL.`
`EXHIBIT P2`	`TRUE COPY`	`OF CERTIFICATE ISSUED BY`
	`KITCO LIM` `FAVOUR OF 1`	`ITED DATED 17.12.2005 IN` `ST PETITIONER.`
`EXHIBIT P3`	`TRUE COPY` `ISSUED IN` `THE THENKAR`	`OF CERTIFICATE DATED NIL` `FAVOUR OF 1ST PETITIONER BY` `A PANCHAYATH.`
`EXHIBIT P4`	`TRUE COPY` `25.03.2016` `AGAINST TH`	`OF THE COMPLAINT DATED` `FILED BY THE 1ST PETITIONER` `E LAND MAFIA BEFORE THE`
	`CIRCLE` `MANNARKKAD.`	`INSPECTOR` `OF` `POLICE,`
`EXHIBIT P5` `EXHIBIT P6`	`TRUE COPY` `25.03.2016` `AGAINST THE` `INSPECTOR O` `TRUE COPY` `05.04.2016` `AGAINST TH` `SUPERINTEND`	`OF THE COMPLAINT DATED` `FILED BY THE PETITIONER` `LAND MAFIA BEFORE THE SUB` `F POLICE, MANNARKKAD.` `OF THE COMPLAINT DATED` `FILED BY THE PETITIONER` `E LAND MAFIA BEFORE THE` `ENT OF POLICE, PALAKKAD.`
`EXHIBIT P7`	`TRUE COPY O` `SUBMITTED` `POLICE STAT`	`F PETITION DATED 03.04.2016` `BEFORE THE SHO, MANNARKKAD` `ION.`
`EXHIBIT P8`	`TRUE COPY` `13.04.2016` `MANNARKKAD`	`OF THE COMPLAINT DATED` `SUBMITTED BEFORE THE SHO,` `POLICE STATION.`
`EXHIBIT P9`	`TRUE COPY`	`OF THE COMPLAINT DATED`
	`16.04.2016` `POLICE, MAN`	`SUBMITTED BEFORE THE SI OF` `NARKKAD.`
`EXHIBIT P10`	`TRUE COPY` `16.05.2016`	`OF THE COMPLAINT DATED` `SUBMITTED BEFORE THE WOMEN`
	`CELL.`
`EXHIBIT P11`	`TRUE COPY`	`OF RECEIPT OF EXT.P10`
	`EVIDENCING`	`THE ACCEPTANCE OF EXT. P10.`
`EXHIBIT P12`	`TRUE COPY`	`OF THE COMPLAINT DATED`
	`31.05.2016` `MANNARKKAD.`	`BEFORE THE SI OF POLICE,`

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WP(C) NO. 5307 OF 2018

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`EXHIBIT P13`	`TRUE COP`	`Y OF COMP`	`LAINT DATED`
	`31.05.2016`	`SUBMITTED`	`BY` `THE`
	`PETITIONERS` `INSPSECTOR`	`BEFORE` `OF POLICE, MAN`	`THE` `CIRCLE` `NARKKAD.`
`EXHIBIT P14`	`TRUE COPY` `18.06.2016` `BEFORE THE`	`OF THE COM` `FILED BY TH` `SI OF POLICE,`	`PLAINT DATED` `E PETITIONER` `MANNARKKAD.`
`EXHIBIT P15`	`TRUE COP`	`Y OF COMP`	`LAINT DATED`
	`27.06.2016` `MANNARKKAD.`	`BEFORE THE S`	`I OF POLICE,`
`EXHIBIT P16`	`TRUE COPY` `DISTRICT P` `10.01.2017.`	`OF THE COMPLAI` `OLICE CHIEF, P`	`NT BEFORE THE` `ALAKKAD DATED`
`EXHIBIT P17`	`TRUE COPY`	`OF THE COM`	`PLAINT FILED`
	`BEFORE THE` `DATED 23.02`	`SI OF POLIC` `.2017.`	`E, MANNARKKAD`
`EXHIBIT P18`	`TRUE COPY` `13.06.2017`	`OF NEWS PAPER` `PUBLISHED`	`REPORT DATED` `IN MALAYALA`
	`MANORAMA.`
`EXHIBIT P19`	`TRUE COPY`	`OF THE`	`ORDER DATED`
	`22.04.2017`	`PASSED BY THE`	`HUMAN RIGHTS`
	`COMMISSION,`	`KERA`	`LA` `IN`
	`H.R.M.NO.70`	`69/16, 7063/16`	`/PKD.`
`EXHIBIT P20`	`TRUE COPY`	`OF NEWS PAPER`	`REPORT DATED`
	`15.06.2017` `MANORAMA.`	`PUBLISHED`	`IN MALAYALA`
`EXHIBIT P21`	`TRUE COPY`	`OF NEWS PAPER`	`REPORT DATED`
	`14.06.2017` `MANORAMA.`	`PUBLISHED`	`IN MALAYALA`
`EXHIBIT P22`	`TRUE COPY`	`OF NEWS PAPER`	`REPORT DATED`
	`17.07.2017` `MANORAMA.`	`PUBLISHED`	`IN MALAYALA`
`EXHIBIT P23`	`TRUE COPY` `12.07.2017`	`OF DEMAND` `ISSUED TO PET`	`NOTICE DATED` `ITIONERS 1 TO`
	`3 BY THE DE`	`PUTY TAHSILDAR`	`.`
`EXHIBIT P23(A)`	`TRUE COPY` `SEC.34 DA`	`OF DEMAND` `TED 20.07.201`	`NOTICE UNDER` `7 ISSUED TO`
	`PETITIONERS` `TAHSILDAR.`	`1 TO 3 BY`	`THE DEPUTY`
`EXHIBIT P24`	`TRUE COPY` `22.07.2017` `THE DEPUTY`	`OF DEMAND` `ISSUED TO 1ST` `TAHSILDAR.`	`NOTICE DATED` `PETITIONER BY`
`EXHIBIT P24(A)`	`TRUE COPY`	`OF DEMAND`	`NOTICE UNDER`
	`SEC.34 DATE`	`D 22.07.2017`	`ISSUED TO 1ST`
`EXHIBIT P25`	`PETITIONER` `TRUE COPY`	`BY THE DEPUTY` `OF DEMAND`	`TAHSILDAR.` `NOTICE DATED`

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WP(C) NO. 5307 OF 2018

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22.07.2017 ISSUED TO 1ST AND 3RD
PETITIONERS BY THE DEPUTY TAHSILDAR.
EXHIBIT P25(A)TRUE COPY OF DEMAND NOTICE UNDER SEC.
34 DATED 22.07.2017 ISSUED TO 1ST AND
3RD PETITIONERS BY THE DEPUTY
TAHSILDAR.
EXHIBIT P26TRUE COPY OF DEMAND NOTICE DATED
13.10.2017 ISSUED TO 4TH PETITIONER BY
THE DEPUTY TAHSILDAR.
EXHIBIT P26(A)TRUE COPY OF DEMAND NOTICE UNDER SEC.
34 DATED 13.10.2017 ISSUED TO 4TH
PETITIONERS BY THE DEPUTY TAHSILDAR.
EXHIBIT P27TRUE COPY OF DEMAND NOTICE DATED
22.07.2017 ISSUED TO 1ST AND 3RD
PETITIONERS BY THE DEPUTY TAHSILDAR.
EXHIBIT P27(A)TRUE COPY OF DEMAND NOTICE UNDER SEC.
34 DATED 22.07.2017 ISSUED TO 1ST AND
3RD PETITIONERS BY THE DEPUTY
TAHSILDAR.
EXHIBIT P28TRUE COPY OF DEMAND NOTICE DATED
22.07.2017 ISSUED TO 2ND PETITIONER BY
THE DEPUTY TAHSILDAR.
EXHIBIT P28(A)TRUE COPY OF DEMAND NOTICE UNDER SEC.
34 DATED 22.07.2017 ISSUED TO 2ND
PETITIONER BY THE DEPUTY TAHSILDAR.
EXHIBIT P29TRUE COPY OF DEMAND NOTICE DATED
28.06.2017 ISSUED TO 1ST PETITIONER BY
THE DEPUTY TAHSILDAR.
EXHIBIT P29(A)TRUE COPY OF DEMAND NOTICE UNDER SEC.
34 DATED 28.06.2017 ISSUED TO 1ST
PETITIONER BY THE DEPUTY TAHSILDAR.
EXHIBIT P30TRUE COPY OF DEMAND NOTICE DATED
22.07.2017 ISSUED TO PETITIONERS 1 TO
3 BY THE DEPUTY TAHSILDAR.
EXHIBIT P30(A)TRUE COPY OF DEMAND NOTICE UNDER SEC.
34 DATED 22.07.2017 ISSUED TO
PETITIONERS 1 TO 3 BY THE DEPUTY
TAHSILDAR.
EXHIBIT P31TRUE COPY OF COMPLAINT DATED
20.12.2017 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE'S COURT, MANNARKKAD
AGAINST THE PERSONS OF LAND MAFIA AND
THE SAME IS NUMBERED AS R.C 139/2017
IN CRIME NO. 363/2016 OF MANNARKKAD
POLICE STATION.

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WP(C) NO. 5307 OF 2018

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EXHIBIT P32

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TRUE COPY OF REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE KERALA
AGRICULTURAL DEBT RELIEF COMMISSION
AND DATED NIL.

Omana v. the Secretary, Kerala Agricultural Debt Relief Commission

Case brief

What is this about?

What did the court decide?

Omana v. the Secretary, Kerala Agricultural Debt Relief Commission

Case brief

What is this about?

What did the court decide?

What the court decided

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