High Court Kerala High Court

George Mathew vs The Mulanthuruthy Service on 29 January, 2009

Kerala High Court
George Mathew vs The Mulanthuruthy Service on 29 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3059 of 2009(L)


1. GEORGE MATHEW, MOOLETHADATHIL,
                      ...  Petitioner

                        Vs



1. THE MULANTHURUTHY SERVICE
                       ...       Respondent

2. THE SENIOR INSPECTOR/SPECIAL SALE

3. THE JOINT REGISTRAR OF

4. THE NATIONAL BANK FOR AGRICULTURAL

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :29/01/2009

 O R D E R
        THOTTATHIL B. RADHAKRISHNAN, J.

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            W.P.(C).No.3059 of 2009-L

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    Dated this the 29th day of January, 2009.

                    JUDGMENT

Notice to the first respondent is dispensed with

preserving its right to move for review of this

judgment, if aggrieved. Learned Government

Pleader appears for respondents 2 and 3. Notice

to the 4th respondent is dispensed with.

The petitioner challenges the enforcement of

Ext.P1 award as per Ext.P4 proceedings on the

plea that Ext.P3 is pending seeking the benefit

of Ext.P2 scheme. Ext.P2 scheme provides certain

reliefs to the agricultural sector. According to

the petitioner, the loan availed by him was for a

cow-shed, which is an agricultural purpose and it

was availed on 5-6-1997 as apparent from Ext.P1.

Under such circumstances, it is ordered that

Ext.P4 proceedings will be held back for a period

WP(C)3059/2009 -: 2 :-

of two months and the competent authority in the

first respondent will consider Ext.P3 in the

meanwhile and issue its decision to the second

respondent on the basis of which alone would

further action follow on the basis of Ext.P4. If

the request of the petitioner is ultimately

rejected, the competent authority will also state

the reasons for doing so. The writ petition is

ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/100209