S.MANIKUMAR,C.J. - (1.)Appellants [State of Kerala, The Kerala State Fishermen Debt Relief Commission and the State Bank of India] are the respondents 3 to 5 in the writ petition. Appellants have preferred this writ appeal challenging the judgment dtd. 5/3/2013 in W.P. (C)No.30691/2010 by which, writ court dismissed the writ petition filed by first respondent/Kairali Purusha Swasraya Samithi holding that Kerala State Fishermen Debt Relief Commission has no power to deal with debts availed from institutional creditors.
(2.)Writ petitioner/Kairali Purusha Swasraya Samithi claimed to be a self help group formed by 15 fishermen, a list of which is produced as Ext.P1 in the writ petition. It is evident from the materials available on record that for the purpose of acquisition of the inboard unit of country fishing boat with engine and other utensils, having a total investment of Rs.20.00 lakhs, the said group availed of a loan of Rs.10.00 lakhs from the respondent bank/State Bank of India.
(3.)Default was committed in repayment and therefore, the account was classified as NPA. Thereafter, SARFAESI proceedings were initiated and finally, the Bank obtained an order from the learned Chief Judicial Magistrate Court, Alappuzha under Sec. 14 of the said Act. Thereafter, an Advocate Commissioner appointed by that Court issued Ext.P5 notice dtd. 2/6/2010 requiring the writ petitioner to hand over possession of the secured asset to him.