ERANAD PRIMARY CO-OP.AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. Vs. KERALA STATE FARMERS RELIEF COMMISSION, TVM AND OTHERS

JUDGEMENT

(1.) The petitioner is a primary Co-operative Bank registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as "the Act ") with the principal objective of providing financial assistance to its members for the purpose of agricultural operations, land development and other allied activities. The respondents 3 to 7 are the members, who have availed of loans from the Bank for various purposes. They have availed of loans of Rs. 18,840/-, Rs.12,987/-, Rs.2,35,000/-, Rs.33,231/- and Rs.16,490/- respectively. They had mortgaged different extents of their landed properties in favour of the Bank and deposited the title deeds with the Bank, under the said mortgage. Subsequently, the repayment of the loans was defaulted and the petitioner Bank was constrained to take steps for realising the amount due from respondents 3 to 7, by proceeding against the property mortgaged by them. The amounts of arrear due from respondents 3 to 7 mounted up to Rs.47,106/- in March, 2000, Rs.64,297/- in March, 2000, Rs.5,46,070/- in December, 2008, Rs.1,21,932/- in March, 2000 and Rs.80,840/- in August, 1995 respectively. When all attempts to recover the arrear failed, the petitioner initiated proceedings under Section 75 of the Act and the lands mortgaged were sold in auction and the respective sales had been duly confirmed by the Joint Registrar of Co-operative Societies (General), Malappuram, as per Exts. P1(a) to P1(e). The loan accounts of the respondents have been closed making the required adjustments and the sale of the lands in favour of the petitioner Bank were confirmed, as early as on 21/06/2000, 21/06/2000, 16/01/2010, 21/06/2000 and 15/03/1996 respectively. Thus, these lands have now become the property of the petitioner Bank and entries to that effect were made in the Asset Register of the Bank.

(2.) While so, respondents 3 to 7 approached the 1st respondent Commission, seeking reliefs under the Kerala Farmers' Debt Relief Commission Act, 2006, suppressing the fact that the sale of their lands has been closed on realisation of the arrear by sale of their properties. Ext. P2(a) to P2(e) are the copies of the statement filed on behalf of the petitioner Bank before the Commission. In the statement, the petitioner Bank specifically stated that respective mortgaged properties have been transferred in favour of the Bank, by due registration and there are no debts due from them at that time. But, the 1st respondent Commission, without considering the objections raised in the statement, passed Exts. P3(a) to P3(e) orders exceeding the jurisdiction and powers vested under Section 5 of the Kerala Farmers' Debt Relief Commission Act, 2006. According to the petitioner, the orders challenged in this Writ Petition are null and void, as the same are passed in exercise of jurisdiction not vested in the 1st respondent. Hence, this Writ Petition is filed with a prayer to issue a writ of certiorari, calling for all records leading to Exts. P3(a) to P3(e) and quash the same.

(3.) Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.