IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 OP.No. 11230 of 2002(J) ----------------------- PETITIONER: ------------ M.SURESHKUMAR, AGED 34 YEARS, S/O.MUTHU,PROPRIETOR,SURESHKUMAR ENGINEERING WORKS KAITHONY, VENGODI P.O., ELAPPULLY, PALAKKAD DIST. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE TAHSILDAR (REVENUE RECOVERY), PALAKKAD. 4. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS DISTRICT MANAGER, DISTRICT OFFICE, PALAKKAD. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA R4 BY ADV. SRI.V.B.UNNIRAJ, SC, KFC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 19610 OF 2002 IN OP 11230 OF 2002 DISMISSED 1.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE G.O. (MS) NO. 113/88/ID DATED 28.7.1988 ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE PROCEEDINGS C.M. DISTRICT INDUSTRIES CENTRE, PALAKKAD DATED 24.11.99 ALONG WITH A LETTER DATED 29.11.99 ISSUED TO THE FOURTH RESPONDENT AND ANOTHER. EXT.P3 TRUE COPY OF REPRESENTATION DATED 27.3.2000 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF ORDEER DATED 5.4.2000 IN OP NO. 10791 OF 2000 PASSED BY THE HONOURABLE HIGH COURT OF KERALA. EXT.P5(a) TRUE COPY OF DEMAND NOTICE DATED NIL ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. EXT.P5(b) TRUE COPY OF DEMAND NOTICE DATED NIL ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. EXT.P6 TRUE COPY OF OBJECTIONS DATED 17.4.2002 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 11230 OF 2002 -------------------------------------------- Dated this the 1st day of February, 2008 JUDGMENT Petitioner is in this Court a second round challenging recovery proceedings for recovery of arrears of loan availed from the Kerala Financial Corporation. In the first round, vide judgment dated 5.4.2000 in O.P.No. 10791 of 2000 this Court directed the Kerala Financial Corporation to consider petitioner's representation. Liability is admitted by the petitioner and petitioner's case is that petitioner was a sick industrial unit under revival. In any case, since O.P. is pending for the last five years, petitioner should have revived the industry or would have closed down the industry, as sick industry cannot carry one for several years. In the circumstances, O.P. is closed leaving freedom to the respondents to proceed for recovery if the petitioner does not settle liability in accordance with OTS or other benefit to be claimed by the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 2