IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 18012 of 2008(T) -------------------------- PETITIONER: ------------ K.PARAMESWARAKURUP, S/O.KANJAN NAIR, SURABHI, K.R.PURAM P.O. CHERTHALA. BY ADV. SRI.BABU CHERUKARA RESPONDENTS: ------------- 1. VICE CHAIRMAN, KHADI AND VILLAGE INDUSTRIES BOARD, TRIVANDRUM. 2. KHADI & VILLAGE INDUSTRIES BOARD, TRIVANDRUM, REP. BY ITS SECRETARY. BY SHRI.K.P.HAREESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.18012 of 2008 ================== Dated this the 20th day of June, 2008 J U D G M E N T The petitioner is indebted to the Khadi and Village Industries Board, for repayment of loan amount taken by the petitioner from the Board. Now proceedings have been initiated for recovery. The petitioner challenges the said proceedings and seeks a direction to the respondents to consider Ext.P2 representation filed by the petitioner in this regard. 2. The learned Standing Counsel appearing for the respondents points out that as early as in 2002 the petitioner approached this court by filing O.P.No.38227/2002 challenging the recovery proceedings in respect of the same loan. This court had, at that time directed the petitioner to pay Rs.5 lakhs as a condition for consideration of his representation in the matter, by judgment dated 12.11.2003. In spite of the same, the petitioner has not paid any amount as directed in the judgment. In such circumstances, the petitioner is not entitled to any further relief in the matter, is the contention raised by the Standing Counsel. 2 3. I have considered the rival contentions in detail. 4. In the judgment dated 12.11.2003 in O.P.No.38227/2002 this Court has directed thus: “6. Without prejudice to the right, if any, of the petitioner to approach the Board itself for some relief and/or to the Civil Court this Original Petition is dismissed. However, if the petitioner remits a sum of Rs.5,00,000/- (Rupees Five lakhs only) within one month and makes a representation in the matter, including request for instalments within the said period, the same will be duly considered and appropriate orders passed after hearing the petitioner also within six weeks thereafter. The petitioner thereafter has to comply with the said decision. All further proceedings pursuant to Exts.P5 and P6 will be deferred for a period of three months from today.” 5. Admittedly the petitioner has not complied with the said direction. Therefore, for considering any further representation of the petitioner, payment of Rs.5 lakhs is a condition precedent. Even after almost five years, the petitioner has not paid any amount. In such circumstances the petitioner is not entitled to any further indulgence in the matter and accordingly, the writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3