Kerala High Court
Chettikad-Kattoor Fishermen ... vs State Of Kerala on 19 June, 2025
2025:KER:44005
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
WP(C) NO. 5836 OF 2014
PETITIONER:
CHETTIKAD-KATTOOR FISHERMEN DEVELOPMENT AND
WELFARE CO-OPERATIVE SOCIETY LTD
NO.F(A8), KATTOOR P.O., ALAPPUZHA,
REPRESENTED BY ITS SECRETARY.
BY ADV.
SHRI.B.PRAMOD
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
FISHERIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LTD.(MATSYAFED)
REP.BY SECRETARY
KAMALESWARAM,MANACUD P.O.,
THIRUVANANTHAPURAM-695 009.
3 THE KERALA STATE FISHERMEN DEBT RELIEF COMMISSION
THIRUVANANTHAPURAM, REP. BY ITS SECRETARY,
PIN:695 001.
4 THE CANARA BANK
MULLACKAL BRANCH ALAPPUZHA, REP. BY ITS BRANCH
MANAGER, PIN:688 001.
2025:KER:44005
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W.P.(C) No.5836 of 2014
BY ADVS.
GOVERNMENT PLEADER
SRI.SAJU N.A.
SHRI.T.P.PRADEEP, SC, MATSYAFED
ADV. TONY AUGUSTINE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.5836 of 2014
JUDGMENT
On the basis of the recommendation by the 3 rd respondent Commission, the petitioner Co-operative Society waived dues arising from several loans granted to fishermen. According to the petitioner Society, Government was bound to reimburse the entire debt waived by it. Petitioner Society waived the amounts on 31.12.2009. Government granted only Rs.23,18,261/- on 31.03.2012. According to the petitioner - Society an amount of Rs.23,68,767/- was due as on 31.03.2012. Petitioner - Society had availed funds from the 2 nd respondent. Therefore the Society had to bear the burden of repaying the amounts due to the 2 nd respondent. Claiming that the Society was entitled for full repayment, this Writ Petition was filed. Direction to the Government to provide total reimbursement by payment of Rs.23,68,767/- with 12% interest from 31.03.2012 was sought as the main relief in the Writ Petition. Government justified disbursal of only a part of the amount mainly relying on G.O.(P) No.91/2010/F & PD dated 06.12.2010. It is noticed that the said 2025:KER:44005 4 W.P.(C) No.5836 of 2014 Government Order was quashed by this Court in W.P.(C) No.33185 of 2011 and connected cases by judgment dated 18.01.2024.
2. The learned Government Pleader submitted that though a Writ Appeal was filed against the judgment, the same was dismissed by a Division Bench of this Court. Though the Government has approached the Hon'ble Supreme Court against judgments of this Court, no orders have been passed by the Hon'ble Supreme Court affecting the operation of the judgments of this Court.
3. From the circumstances narrated above, I am of the considered view that the claim of the petitioner - Society shall be considered by the 1st respondent. 1st respondent has to bear in mind that the Government Order aforesaid has been quashed by this Court. A decision in the matter of paying the remaining amounts to the Society shall be taken by the 1 st respondent after affording an opportunity of hearing to the petitioner - Society.
Petitioner - Society shall submit a comprehensive representation before the 1st respondent within a period of two weeks from the date of issuance of a copy of this judgment. Thereafter the 1 st respondent shall consider it and take a fresh decision as directed 2025:KER:44005 5 W.P.(C) No.5836 of 2014 above within a period of three months from the date of receipt of a copy of this judgment.
Writ Petition is disposed of as above.
Sd/-
S.MANU JUDGE PV 2025:KER:44005 6 W.P.(C) No.5836 of 2014 APPENDIX OF WP(C) 5836/2014 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BYE-LAWS OF THE PETITIONER SOCIETY.
EXHIBIT P2 TRUE COPY OF THE LIST OF APPLICANTS AND THE EXTENT OF THEIR LIABILITY.
EXHIBIT P3 TRUE COPY OF THE LIST OF LOANEES AND AMOUNTS WRITTEN OFF IN RESPECT OF EACH LOANEE.
EXHIBIT P4 TRUE COPY OF THE LOAN LEDGER SCHEDULE ISSUED FROM THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 3.7.2013 ISSUED BY THE AUTHORIZED OFFICER OF THE 4TH RESPONDENT BANK.
EXHIBIT P6 TRUE COPY OF THE REPLY DATED 09.10.2015 ISSUED UNDER THE RTI ACT ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P7 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.ALP 3354 OF THE FISHING BOAT PURCHASED BY THE PETITIONER.
EXHIBIT P8 TRUE COPY OF THE AGREEMENT DATED 20/05/2008 ENTERED BY THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE CREDIT INVOICE DATED 03/11/2008 ISSUED BY THE 3RD RESPONDENT MATSYAFED.
EXHIBIT P10 TRUE COPY OF THE OTS SANCTION LETTER DATED 27/04/2021 PASSED IN ADALATH. EXHIBIT P11 TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 29/09/2020.
RESPONDENTS EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE CLOSURE CERTIFICATE DATED 31.03.13 EXHIBIT R1(b) TRUE COPY OF THE RECEIPT DATED 09.08.11 EXHIBIT R1(C) TRUE COPY OF THE RECEIPT DATED 09.08.11 EXHIBIT R1(d) TRUE COPY OF THE RECEIPT DATED 31.03.12 EXHIBIT R1(e) TRUE COPY OF THE RECEIPT DATED 31.03.12 EXHIBIT R1(f) TRUE COPY OF THE RECEIPT DATED 09.11.12 EXHIBIT R1(g) TRUE COPY OF THE RECEIPT DATED 31.10.12 2025:KER:44005 7 W.P.(C) No.5836 of 2014 EXHIBIT R1(h) TRUE COPY OF THE LOAN LEDGER SCHEDULE EXHIBIT R2(a) TRUE COPY OF THE CLOSURE CERTIFICATE DATED 31.03.2013 EXHIBIT R2(b) TRUE COPY OF THE RECEIPTS ISSUED BY THE PETITIONER FOR RECEIVING THE DEBT RELIEF FUND EXHIBIT R2(C) TRUE COPY OF THE RECEIPTS ISSUED BY THE 2ND RESPONDENT FOR RECEIVING THE AMOUNT FOR REPAYMENT OF THE MICO FINANCE