IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WA.No. 814 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.35924/2007 Dated 14/03/2008 .................... APPELLANT(S): PETITIONER ---------------------- C.RAJAN MENON, MANAGING DIRECTOR, M/S.TRICOTT MILLS LTD., NATTIKA, TRICHUR-680 586, NOW RESIDING AT SOLARIS II, 401, 4TH FLOOR, 46-48 SAKI VIHAR ROAD, POWAI, MUMBAI. MR.MATHAI M PAIKADAY, SENIOR ADVOCATE BY ADVS.MR.KOSHY P.THOMAS MR.JOSE THOMAS (PALA) RESPONDENT(S): ------------------------- 1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, CHAVAKKAD, THRISSUR DISTRICT. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, TRIVANDRUM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, IRINJALAKUDA CIRCLE, THRISSUR DISTRICT. 4. THE SPECIAL OFFICER, KERALA STATE ELECTRICITY BOARD, VAIDHUTHI BHAVAN, TRIVANDRUM. R1 BY ADDL.ADVOCATE GENERAL R2 – R4 BY MR.C.K.KARUNAKARAN, SC FOR KSEB BY GOVERNMENT PLEADER MR.MOHAMMED RAFIQ THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, ALONG WITH WA NO. 816 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.804/2008 IN W.A. NO.814/2008 Disposed of vide judgment dt. 2.2.2009. 02.02.2009 SD/- J.B.KOSHY (Ag. CHIEF JUSTICE) SD/- V.GIRI, JUDGE /TRUE COPY/ P.A. TO JUDGE tss J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.A. Nos.814 & 816 of 2008 ---------------------------------------- Dated this the 2nd day of February, 2009 Judgment Koshy, Ag.C.J. Petitioner in W.P. © No.37411 of 2007 is a company which was closed functioning about ten years ago in 2000 and it was declared as a sick industry in 1993. No effective scheme was implemented. Workers were on strike. Claims of workers were settled. Revenue recovery proceedings were taken against the petitioner for arrears of electricity, sales-tax, KSIDC and Customs duty. Petitioner has settled all claims except electricity charge arrears. Petitioner in W.P.(C) No. 35924 of 2007 is the Managing Director of the above company. Now, the contention raised is that they want to sell the 14.51 acres of land to a NRI businessman. Only on that proposal, the dues other than electricity bills were settled. With regard to the alleged dues of electricity bill, the matter was discussed under one-time settlement scheme and now electricity board has submitted that an amount of Rs.1,92,86,495.00 is due as on 31.7.2008. Petitioner has produced an affidavit filed by W.A. Nos.814 & 816/2008 2 the intending purchaser along with I.A. No.458 of 2008 undertaking that he will clear the entire dues. The claim of the appellant/petitioner is that there was a claim of refund of duty. The Board has illegally collected the same to Rs.49,12,671.00 and a refund claim is pending regarding the same. It is further submitted that by judgment dated 4.2.1997 in O.P.No.1054 of 1997, this court directed to dispose of the claim regarding the refund of the above within three months from the date of receipt of a copy of the judgment. The judgment is dated 4.2.1997. So far final decision is not taken. Government should decide the question of refund as expeditiously as possible as directed in the judgment in O.P. No.1054 of 1997, in any event, at least within three months from today. We are not expressing any opinion regarding the merits of that claim. In the circumstances of the case, if petitioner pays an amount of Rs.1,50,00,000/- and execute a bond jointly by the petitioner as well as by the intending purchaser regarding payment of balance amount to the Electricity Board, attachment in the property shall be released and petitioner should be allowed to sell the property. Claim for refund should be considered with notice to W.A. Nos.814 & 816/2008 3 the Electricity Board as well as the petitioner and intending purchaser. In view of the above, both writ appeals are disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa