Padmanabhan vs State Of Keraela on 17 December, 2008

Kerala High Court
Padmanabhan vs State Of Keraela on 17 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37266 of 2008(J)


1. PADMANABHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERAELA, REPRESENTED
                       ...       Respondent

2. THE DEPUTY DIRECTOR,

3. THE KAIPAMANGALAM FISHERMAN

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :17/12/2008

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

= = = = = = = = = = = = = = = = = = = = = = = =

          W.P.(C).No.37266 of 2008-J

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    Dated this the 17th day of December, 2008.

                   JUDGMENT

The petitioner is a debtor of the third

respondent. He faced an arbitration award under

the KCS Act. That is put in execution. His plea

is that as of now, there is a new scheme by the

Government and ameliorative benefits are extended

to defaulters who suffered even arbitration

awards which have become final. That is an issue

which the petitioner can raise before the Sale

Officer, enforcing the arbitration award. If the

petitioner makes such objection, the Sale Officer

will consider it. If Ext.P4 contains only that

objection, that could be considered. Since the

matter raised relates to the execution, discharge

and satisfaction of the ward, in terms of any

binding deft relief scheme, the matter falls for

consideration by the Sale Officer and the

WP(C)37266/08 -: 2 :-

issuance of a writ is not called for. Without

prejudice to what is stated above, this writ

petition is ordered directing that the distress

action against the petitioner will stand deferred

for a period of one month to aid him to move the

Sale Officer.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/181208

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