IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 1946 of 2007(F) --------------------------------- PETITIONER(S): ------------------- M/S. RADHAKRISHNAN & COMPANY, AWD 8, ANGAMALY-683 572, REPRESENTED BY ITS MANAGING PARTNER P.B.RADHAKRISHNAN, RESIDING AT MANACODE BANGLOW, NEAR ANGAMALY RAILWAY STATION, ANGAMALY. BY ADV. SRI.C.K.PAVITHRAN RESPONDENT(S): -------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. TALUK SUPPLY OFFICER, ALUVA. 4. THE DISTRICT MANAGER, FOOD CORPORATION OF INDIA, ERNAKULAM, KOCHI-11. R1 TO R3 BY GOVT. PLEADER SRI.M.H.HANILKUMAR R4 BY ADV. SRI.P.JACOB VARGHESE, SC, FCI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 1946/2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DATED 29/10/1999 IN O.P. NO.1551/95 OF THE HIGH COURT OF KERALA. P2: COPY OF THE DEMAND DRAFT DATED 26/04/1994 PAYABLE TO THE DISTRICT MANAGER F.C.I. P3: COPY OF THE LETTER DATED 17/01/2003 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE LETTER DATED 18/12/2006 ISSUED TO THE 2ND RESPONDENT. P5: COPY OF THE LETTER DATED 18/12/2006 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: R1: COPY OF RAX DATED 29/01/1994 ISSUED BY THE MINISTRY OF FOOD, NEW DELHI. R1(a):COPY OF MINISTRY LETTER DATED 31ST JANUARY 1994. R1(b):COPY OF LETTER DATED 30/03/1993 ISSUED BY THE GOVERNMENT OF INDIA. R1(c):COPY OF PROCEEDINGS NO.CS/J3-6537/1994 DATED 03/07/1995 OF THE DIRECTOR CIVIL SUPPLIES. /TRUE COPY/ P.A. TO JUDGE. svs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 1946 of 2007 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 15th June , 2011 JUDGMENT The petitioner has approached this Court seeking for issuance of a writ of mandamus directing the respondents to refund the amount covered by Ext. P2. 2. The second respondent has filed counter affidavit, wherein it is stated in paragraph 3 as follows: “3. It is submitted that on receipt of notice of the petitioner dated 18.12.2006, the second respondent contacted the authorities of the FCI through Taluk Supply Officer, Aluva. But the FCI authorities informed the second respondent that they transfer credited the excess amount for the period from 01.02.1994 to 06.02.1994 to the PD account of the second respondent and since more more than 10 years lapsed in connection with the aforesaid matter, they need one week time for giving the details. But no remittance particulars / transfer details were received from FCI authorities so far. The 2nd respondent is constrained to give such a huge amount without getting the reliable details from the FCI authorities showing that the said amount has been transfer credited to the PD account of the 2nd respondent. The 2nd respondent has no objection to disburse the said amount on receipt of the transfer details/remittance particulars from the W.P. (C) No. 1946 of 2007 : 2 : FCI authorities. It is submitted that no willful negligence on the part of the department”. 3. The learned counsel for the petitioner, with reference to the counter affidavit filed by 4th respondent submits that the said respondent has virtually conceded as to the 'remittance' made, in paragraph 7 of the counter affidavit. This being the position, it is for the second respondent to disburse the amount as sought for. 4. The learned Government Pleader appearing for the respondents 1 to 3 submits that the 'remittance particulars' stated as effected by the petitioner are to be furnished by the FCI, on which event, the matter will definitely be considered . 5. In the above circumstances, the 4th respondent is directed to transfer the 'details of remittance' in respect of the payment effected as conceded in the counter affidavit to the first respondent as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. On receipt of such details, the matter shall be considered by the first respondent and pass appropriate orders facilitating refund of the due amount to the petitioner within one month thereafter. W.P. (C) No. 1946 of 2007 : 3 : Petitioner shall produce a copy of the judgment along with copy of the writ petition before the concerned respondents for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge