Kerala High Court
The Chittur Primary Co-Operative ... vs Kerala State Farmers' Debt Relief ... on 11 October, 2012
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
THURSDAY, THE 22ND DAY OF NOVEMBER 2012/1ST AGRAHAYANA 1934
WP(C).No. 27331 of 2012 (N)
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PETITIONER(S):
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THE CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD.NO.P.619, CHITTUR P.O.,
PALAKKAD DISTRICT-PIN-678 101.
BY ADVS.SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENT(S):
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1. KERALA STATE FARMERS' DEBT RELIEF COMMISSION,
AGRICULTURAL URBAN MARKET, VENPALAVATTOM,
ANAYARA P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN-695 029.
2. STATE OF KERALA,
REPRESENTED BY THE AGRICULTURE SECRETARY,
DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM,
PIN-695 001.
3. S.SHEIK MUSTHAFA , S/O. SHAHUL HAMEED,
ATTAYAMPATHY, GOVINDAPURAM P.O.,
MUTHALAMADA, PALAKKAD DISTRICT-PIN-678 507.
BY GOVERNMENT PLEADER SRI.MUHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-11-2012, ALONG WITH WPC.NO. 27336/2012 AND CONNECTED
CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)NO.27331/2012
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE ORDER DATED 11/10/2012 ISSUED BY THE KERALA STATE
FARMERS DEBT RELIEF COMMISSION.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
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T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)Nos.27331, 27336, 27339,
27342,27346, 27352, 27354 and 27367 of 2012
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DATED THIS THE 22nd DAY OF NOVEMBER, 2012
JUDGMENT
All these Writ Petitions are filed by a common petitioner, namely, Chittur Primary Co-operative Agricultural and Rural Development Bank and they are aggrieved by the order issued by the Kerala State Farmers Debt Relief Commission, produced as Exhibit P1 in all the cases. The communication directs to stop the recovery proceedings against the complainants before the 1st respondent, who have been arrayed as 3rd respondent in all the Writ Petitions.
2. The learned counsel for the petitioner has raised various contentions in the Writ Petitions, including the constitutional validity of the provisions under the Kerala Farmers Debt Relief Commission Act. What is projected is that there will be considerable delay in disposal of the matter by the 1st respondent and therefore a direction is sought to the 1st respondent to expedite the hearing of the matter.
3. The learned Government Pleader on getting W.P.(C)No.27331/12 & Con.cases -2- instructions submitted that one matter is posted to 29.11.2012 as evident from Exhibit P1 produced in W.P.(C)No.27331/12.
4. The learned counsel for the petitioner prayed that all the matters may be heard together by the 1st respondent so that a common decision can be taken. Since already there is a posting on 29.11.2012, the petitioner will approach the 1st respondent for a posting of all the cases together. The petitioner- Bank will also file statements showing their contentions in the matter before the 1st respondent at the earliest. The 1st respondent will take steps to see that the cases are disposed of expeditiously, at any rate, within a period of three months. The petitioner will produce a certified copy of this judgment for compliance before the 1st respondent.
The Writ Petitions are disposed of as above.
Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) Issue copy today itself.
dsn