ANEESH KUMAR Vs. EDAVANAKADU AYYAMPILLY FISHERMEN

JUDGEMENT

(1.) PETITIONER is a fisherman and a group leader of inboard fishing craft "Parthasarathy". That vessel is mortgaged to the 1st respondent for loan granted by the 1st respondent. The original group leader abandoned his leadership and the petitioner took over the leadership with permission from the 1st respondent. On the strength of the mortgage of the vessel, further amounts were sanctioned as loan to the petitioner. Repayment fell in arrears. The respondents initiated proceedings for recovery of the amount by sale of the vessel. It is under the above circumstances the petitioner has filed this writ petition challenging Ext. P8 demand notice issued for the purpose.

(2.) THE 1st respondent has filed a counter affidavit, wherein one of the contentions taken is that the 1st respondent being a co-operative society, in respect of recovery of loan amounts given by the society, a petition under Section 69 of the Kerala Co-operative Societies Act would lie and therefore the petitioner should more appropriately be relegated to that remedy. THE 1st respondent would also contend that insofar as questions of facts which have to be ascertained on evidence are involved, the petitioner should seek his remedy under Section 69 of the Kerala Co-operative Societies Act. Having heard both sides, I find considerable merit in the preliminary contention raised by the 1st respondent. Accordingly, this writ petition is disposed of with the following directions. THE petitioner may, if so advised, seek remedies under Section 69 of the Kerala Co-operative Societies Act. To enable the petitioner to file a petition under Section 69 and seek interim orders, I direct that further proceedings for coercive recovery of the amounts due from the petitioner shall be kept in abeyance for a period one month, on condition that the petitioner pays Rs. 25,000/- within two weeks.