IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 29814 of 2006(Y) -------------------------- PETITIONER(S): --------------- THE USHA CHARITABLE SOCIETY, REG.NO.702/89, KUZHIYAM, CHANDANATHOPPU, KOLLAM, REPRESENTED BY IS SECRETARY BABUKUTTAN PILLAI, RESIDING AT BABU MANDIRAM, KUZHIYAM,CHANDANATHOPPU KOLLAM. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. TAHSILDAR (REVENUE RECOVERY), KOLLAM. 4. THE VILLAGE OFFICER, PERINADU VILLAGE, KOLLAM. 5. THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 6. GOPINADHA PILLAI,S/O.VELAYUDHAN PILLAI, BABU MANDIRAM, KUZHIYAM, CHANDANATHOPPU, KOLLAM. R1 TO R4 BY GOVERNMENT PLEADER SRI. L.G. SURESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 20408 OF 2005 DATED 8.7.2005 EXT.P2 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 29814 OF 2006 -------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of arrears due to the Khadi and Village Industries Board. Similar Writ Petition filed by the sixth respondent challenging recovery proceedings against the very same loan was disposed of by this Court vide Ext.P1 judgment. It is seen from the counter affidavit that another Writ Petition was later filed by the sixth respondent which was also disposed of by this Court granting time for payment. In view of two judgments rendered in the same matter, another Writ Petition is not maintainable. W.P. is accordingly dismissed directing respondents 2 to 5 to proceed for recovery in accordance with loan agreement from the assets of the society and it's directors and members to the extent permissible under the loan agreement and Security Bonds. However, if defaulters offer payment, there will be direction to the Khadi Board to grant OTS benefit. (C.N. RAMACHANDRAN NAIR) Judge kk 2