IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 37301 of 2009(G) -------------------------- PETITIONER: -------------- LESLIE POLYMERS (INDIA) PRIVATE LTD., POST BOX NO.22, PUDUKKAD (P.O.) THRISSUR DISTRICT PIN 680301,RPRESENTED BY ITS MANAGING DIRECTOR, DR.M.C.JOHNY. BY ADV. SRI,SHAJI CHIRAYATH SRI.JIJI M.VARKEY RESPONDENTS: ----------------- 1. KERALA STATE INDUSTRIES DEVELOPMENT CORPORATION LIMITED, KESTON ROAD, VELAYAMBALAM, KAWDIAR P.O., THIRUVANANTHAPURAM DISTRICT PIN-685003, REPRESENTED BY ITS MANAGING DIRECTOR. 2. SPECIAL DEPUTY COLLECTOR, SLAO & COMPETENT AUTHORITY (LA), NATIONAL HIGHWAY DEVELOOMENT PROJECT, THRISSUR DISTRICT PIN-680020 REPRESENTED BY ITS MANAGING DIRECTOR 3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) MUKUNDAPURAM TALUK, THRISSUR DISTRICT. R1 BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE SMT.MARIAM MATHAI R2 & R3 BY GOVERNMENT PLEADER, SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.37301 of 2009 ------------------------------------------ Dated this the 2nd day of March, 2010 JUDGMENT The petitioner approached this Court with the following prayers: “i) Issue an appropriate writ, direction or order in the nature of mandamus directing the 2nd respondent to release a sum of Rs.20,50,000/- from L.A.C.No.173 of 2005 & L.A.C.No.207 of 2005 to 1st respondent pursuant to Exhibit P8 notice. ii) Consequentially issue an appropriate writ, direction or order in the nature of certiorari to quash Exhibit P10 and P11 Revenue Recovery notices issued by the 3rd respondent. iii) Grant such other relief's to the Petitioner, which this Hon'ble Court may deem just and necessary in the fact and circumstance of this case.” 2. The learned counsel for the petitioner submits that huge amounts are due to the signatory of this writ petition W.P.(C) No.37301 of 2009 - 2 - who is the Managing Director of the petitioner company and also to his son as revealed by Exts.P4 and P5 and that the main prayer is to have the said amount disbursed to the first respondent at whose instance the recovery proceedings are being pursued against the petitioner. 3. In response to the counter affidavit filed from the part of the second respondent, the petitioner has filed a reply affidavit also producing some additional documents. The learned counsel for the petitioner submits that the petitioner is ready and willing to produce all the requisite documents if at all anything has been left over and as such interference of this Court is very much essential to safeguard the rights and interests of the petitioner. It is also stated that the managing Director of the petitioner Company is the father of the beneficiary in L.A.C.No.173 of 2005 and that necessary power of attorney has been executed by the claimant in the said case in favour of the father so as to accept or deal with the compensation to be paid to W.P.(C) No.37301 of 2009 - 3 - the said claimant pursuant to Ext.P4. 4. The learned Government Pleader appearing for the second respondent submits that with regard to Ext.P4 the petitioner has produced all the requisite documents so as to facilitate disbursement of the amount due in L.A.C.No.173 of 2005 subsequent to Ext.P4 and the only requirement was production of the power of attorney stated as executed by the claimant in the said case, that is the son of the claimant in the other case. With regard to Ext.P5, the learned Government Pleader submits that the petitioner is still to produce the original or certified copy of the relinquishment or settlement deed No.184/63 and 327/63 of the SRO, Nellayi and the possession certificate to be issued by the Village Office , Thoravu. 5. The learned counsel for the petitioner submits that the petitioner has already produced the original of the relinquishment/settlement deed as found in Ext.P12 and that the other two documents, i.e. power of attorney as well as W.P.(C) No.37301 of 2009 - 4 - possession certificate will be produced within one week. Taking note of the submission made from either side, the petitioner is permitted to produce the remaining documents, if any, to the satisfaction of the second respondent within one week from today on which event the due amount as covered by Exts.P4 and P5 shall be disbursed to the first respondent as prayed for by the petitioner within ten days thereafter after effecting statutory deductions, if any. Writ petition is disposed of accordingly. P.R.Ramachandra Menon, Judge vns