WP(C).No. 14214 of 2011(B) IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 14214 of 2011(B) -------------------------- PETITIONER(S): --------------- P.BALAN, PROPIETOR, M/S.BAVI ENTERPRISES (DEFUNCT) P.O.PULLIPARAMBA, CHELEMBRA PIN-673 634, MALAPPURAM DISTRICT BY ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENT(S): --------------- 1. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, MALAPPURAM 2. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM 3. THE DIRECOTR OFINDUSTRIES & COMMERCE INDUSTRIES & COMMERCE DIRECTORATE THIRUVANANTHAPURAM BY ADV.SRI.MATHEW GEORGE VADEKKEL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14214 of 2011(B) APPENDIX PETITIONER'S EXHIBITS :- P1 : COPY OF THE PROCEEDINGS OF THE DIRECTOR OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM, DATED 18.3.2011 P2 : COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF THE DISTRICT COLLECTOR, MALAPPURAM DATED 22.3.2011 P3 : COPY OF THE NOTICE DATED 19.2.2011 ISSUED BY THE 1st RESPONDENT GENERAL MANAGER, DIC, MALAPPURAM P4 : COPY OF THE APPLICATION FOR OTS SUBMITTED BY THE PETITIONER BEFORE THE 1st AND 2nd RESPONDENTS ALONG WITH COPY OF THE ACKNOWLEDGEMENT P5 : COPY OF REPLY DATED 20.8.2009 RECEIVED FROM THE 1st RESPONDENT RESPONDENTS' EXHIBITS :- NIL //TRUE COPY// P.A.TO JUDGE ami/ C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No. 14214 of 2011 ------------------------------- Dated this the 7th day of June, 2011. J U D G M E N T Aggrieved by the non consideration of Ext.P4 application submitted by the petitioner for permitting one time settlement of the margin money loan availed from the Industries Department of the State Government, this writ petition is filed. It is contended that the petitioner had lost the entire industrial unit in a fire accident, soon after commencement of commercial production, in the year 1999. He had settled other liabilities out of the compensation received from the Insurance Company. Now the respondents are taking steps to recover the amounts due under the margin money loan account. Ext.P4 application was submitted under the above premise, seeking waiver of amounts to the possible extent as per the scheme formulated by the State Government with respect to the one time settlement. Therefore, the petitioner seeks a direction for disposal of Ext.P4 application. 2 W.P.(C).No. 14214 of 2011 2. Heard ; learned Government Pleader appearing on behalf of respondents. It is stated that the petitioner has failed to produce necessary documents along with Ext.P4 application, in order to consider eligibility with respect to the claim for settlement. It is further mentioned that if the required documents were produced, there is no difficulty in taking a decision on the basis of Ext.P4 application. 3. Under the above mentioned circumstances, the writ petition is disposed of directing the 1st respondent to consider and dispose of Ext.P4 application, after issuing notice to the petitioner for production of documents if any required and after affording an opportunity of personal hearing. A decision in this regard shall be taken at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM, Judge ami/