IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 31234 of 2009(Y) -------------------------- PETITIONER(S): --------------- V.N.SASANKAN NAIR, S/O.NARAYANAN NAIR, JUNIOR ASSISTANT, MAVELI MEDICAL STORE, KONNY. BY ADV. SRI.C.S.MANILAL RESPONDENT(S): --------------- 1. THE KERALA STATE CIVIL SUPPLIES CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, GANDHI NAGAR, COCHIN. 2. THE MANAGING DIRECTOR, THE KERALA STATE CIVIL SUPPLIES CORPORATION, GANDHI NAGAR, COCHIN. 3. THE JUNIOR MANAGER, INTERNAL AUDIT WING (F), SUPPLYCO., PATHANAMTHITTA. MR.MILLU DANDAPANI, SC FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.31234 of 2009 --------------------------------- Dated, this the 5th day of November, 2009 J U D G M E N T The petitioner has approached this Court aggrieved by Ext.P1 order dated 22/09/2009, by which, he has been called upon to remit an amount of Rs.65,405.68. It is stated that thereupon he has filed Ext.P2 representation before the 2nd respondent, and that the matter is pending consideration. According to him, in the meanwhile, there is threat of recovery pursuant to Ext.P1, and it is therefore, this writ petition is filed. 2. The learned standing counsel has entered appearance on behalf of respondents 1 & 2. On instructions, he submit that Ext.P1 issued by the 3rd respondent is intended only as a show cause notice, and that in response thereof, the petitioner has already submitted his explanation. It is stated that the matter will be considered and a final decision thereon will be taken. 3. Having regard to the submission thus made on behalf of the respondents, I feel the apprehension of the petitioner is WP(C) No.31234/2009 -2- unfounded, since Ext.P1, though capable of being understood as an order, is treated only as a show cause notice. 4. Therefore, this writ petition is disposed of with the following directions:- That Ext.P1 will be treated as a show cause notice as submitted, and the matter will be considered by the 2nd respondent, taking into account the explanation offered by the petitioner and Ext.P2. It is directed that until a decision is taken on Ext.P1 as directed above, recovery pursuant to Ext.P1 shall not be effected. The petitioner shall produce a copy of this judgment, along with a copy of this writ petition, before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg