IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26404 of 2010(A) -------------------------- PETITIONER: --------------- BABU C.GEORGE, MANAGING DIRECTOR, CHERAMAN RESORTS PVT. LTD., KAPPAD BEACH, THIRUVANGUR VILLAGE, CALICUT, KERALA-673 304. BY ADV. SRI.SIVAN MADATHIL SRI.K.ABDUL HAK RESPONDENT(S): --------------- 1. THE TAHSILDAR(RR), CIVIL STATION, CALICUT. 2. THE DISTRICT COLLECTOR, CIVIL STATION, CALICUT. 3. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., II FLOOR, CHOICE TOWERS, MANORAMA JUNCTION, COCHIN, REP. BY ITS MANAGER (LEGAL). BY GOVT.PLEADER SMT.K.R.DEEPA FOR R1 & R2 STANDING COUNSEL SHRI SAJI VARGHESE FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.26404 of 2010 ----------------------------------------------------- DATED THIS THE 20th DAY OF AUGUST, 2010 JUDGMENT The petitioner herein is the Managing Director of Cheraman Resorts Pvt.Ltd., at Kappad Beach. The main prayer in the Writ Petition is for a direction to respondents 1 and 2 to release the No Objection Certificate to the petitioner without any delay. 2. It is pointed out that the affairs of the Company were revived as per an order passed by this Court in M.C.A.No.58/2009 in C.P.No.1/2003. The petitioner had earlier availed a loan from the 3rd respondent-Corporation which was settled by availing One Time Settlement Scheme on behalf of the Company and its guarantors by remitting an amount of Rs.1,98,54,860/-. This amount was paid by the Company on 7.4.2010 as per DD.No.665949 dated 31.3.2010. Exhibit P1 is the acknowledgment produced in support of the above plea. 3. It is pointed out that the No Objection Certificate has to be issued by the Tahsildar concerned in the light of the revenue recovery. The petitioner had moved the authorities concerned for issuance of the NOC. A formal request has been W.P.(C)No.26404/10 -2- submitted as per Exhibit P5 also. It is pointed out that the matter is being delayed without any justification. 4. The learned counsel for the petitioner submitted that in the light of Exhibit P6, G.O.(P)No.107/08/RD. dated 24.4.2008, whereby Rule 5 of the Kerala Revenue Recovery Rules have been amended, the Tahsildar cannot take a different stand. 5. There will be a direction to respondents 1 and 2 to consider the application for grant of No Objection Certificate especially in the light of the Kerala Revenue Recovery Rules, as evidenced by Exhibit P6 and communicate the same to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the judgment along with a copy of the Writ Petition for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A. to judge