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