IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 26767 of 2006(J) ------------------------------------- PETITIONERS: ------------------- V. SANTHOSH KUMAR, MANAGING PARTNER, APVN FOOD GRAINS, T-22, KATTAKADA, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.T.K.ANANDA PADMANABHAN RESPONDENTS: ---------------------- 1. COMMISSIONER OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE TALUK SUPPLY OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26767/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 29.10.1999 IN OP. NO.5709/1994. EXT.P2:- COPY OF THE REPRESENTATION DT. 6.1.2000. EXT.P3:- COPY OF THE NOTICE NO.B1 5368/97 SR. 10.1.2000. EXT.P4:- COPY OF THE JUDGMENT IN OP.6365/2000 DT. 31.1.2000. EXT.P5:- COPY OF THE C.S.A8.7640/2006 DT. 2.9.2006 /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.26767 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T This writ petition is filed mainly with the following prayer: A. To issue a writ of Mandamus or any other appropriate writ, direction or order in the nature directing the respondents to refund the entire amount remitted by the petitioner by way of differential cost for the period 01.02.1994 to 06.02.1994 together with interest. The matter has to be considered in the light of Exhibits P4 and P5 judgments. There will be a direction to the first respondent to consider the request of the petitioner, with notice to the petitioner, permitting the petitioner also to verify the records and take appropriate action in the matter ignoring Exhibit P5, within a period of three months from the date of production of a copy of this judgment. It is made clear that the first respondent shall pass a speaking order in the matter adverting to the contentions taken by the petitioner, furnishing also the factual details. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.26767 OF 2006 J U D G M E N T 24.09.2008