IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 2234 of 2006(N) ------------------------------------ PETITIONER: ------------------ KERALA SOAPS & OILS LTD. ( A GOVT. OF KERALA ENTERPRISE), REP. BY ITS MANAGING DIRECTOR, WEST HILL, KOZHIKODE-673 005. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO THE GOVT., INDUSTRIAL DEPT., GOVT.SECRETARIAT, THIRUVANANTHAPURAM. (* DELETED) 2. THE FUND MANAGER, KIRF BOARD, THIRUVANANTHAPURAM. 3. THE SECRETARY, RIAB (PUBLIC SECTOR RE-STRUCTURING & INTERNAL AUDIT BOARD), THIRUVANANTHAPURAM. 4. THE REGIONAL PROVIDENT FUND COMMISSIONER, KOZHIKODE. 5. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND OFFICE, BHAVISHYA NIDHI BHAVAN, SUB REGIONAL OFFICE, P.B.NO.1806, ERANJHIPALAM P.O., KOZHIKODE. * RESPONDENT R1 DELETED AS PER ORDER DATED 23/06/2006 IN I.A.6503/06. GOVERNMENT PLEADR SRI.MOHAMMED ANZAR FOR R1 ADV. SRI.A.M.SHAFFIQUE (SR.) FOR R2,3 SRI.E.K.NANDAKUMAR FOR R2,3 SRI.A.K.JAYASANKAR NAMBIAR FOR R2,3 SRI.K.JOHN MATHAI FOR R2,3 SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).2234/2006-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GO(MC)100/02/ID DATED 05/10/02. EXT.P2: COPY OF THE NOTICE NO.MD/ESS/ID/02 DATED 16/02/02. EXT.P2(a):COPY OF THE NOTICE BEARING NO.MD/ESS/ID/02 DATED 16/12/02 ISSUED BY THE PETITIONER PURSUANT TO EXT.P2. EXT.P3: COPY OF THE NOTICE DATED 18/11/05 ISSUED BY THE 5TH RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 07/12/05 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT/ GOVERNMENT. EXT.P5: COPY OF THE REPRESENTATION DATED 07/12/05 PREFERRRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT/ GOVERNEMENT. EXT.P6: COPY OF THE PRODAMATION OF SALE DATED 16/12/05 ISSUED BY THE 5TH RESPONDENT. EXT.P7: COPY OF THE NOTICE DATED 03/01/06 PUBLISHED BY THE PETITIONER. EXT.P8: COPY OF THE LETTER DATED 27/01/06 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P9: COPY OF THE REPLY DATED 15/02/06 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P10: COPY OF THE LETTER DATED 18/02/06 SENT BY THE PETITIONER TO THE 1ST RESPONDENT/ GOVERNMENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE GOVERNMENT ORDER DATED 24/11/2005. EXT.R3(b): COPY OF THE GOVERNMENT ORDER DATED 23/12/2005. EXT.R1(a): COPY OF THE G.O.(MS)NO.152/05/ID DATED 24/11/2005. EXT.R1(b): COPY OF THE LETTER NO.31385/B3/05/ID DATED 22/12/05. EXT.R1(c): COPY OF THE GOVT. ORDER DATED 23/12/2005. //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No. 2234 of 2006 ---------------------------------------------- Dated 19th September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “ Issue a writ of mandamus or such other appropriate writ or order directing the respondents 4 and 5 to keep Ext.P6 proceedings in abeyance till the closure proceedings ordered by the first respondent/Govt. as per Ext.P2 GO are finalized, enabling the necessary fund transfer.” In case the petitioner has still any grievance left, petitioner may approach the Government, in which case, the matter will be duly considered by the Government. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.2234 of 2006 ---------------------------------------------- J U D G M E N T Dated 19th September, 2008.