IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 8145 of 2006(T) ------------------------- PETITIONER: ------------ SANIL KUMAR. M.K., S/O. BALAN, MANIYOOR KELOTH HOUSE, CHORODE, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENTS: ------------- 1. TAHSILDAR, REVENUE RECOVERY, VADAKARA. 2. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOZHIKODE. BY SHRI.L.G.SURESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8145/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REPRESENTATION DATED 21/11/2005 SUBMITTED TO THE MINISTRY. P2 : COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT UNDER SECTION 7 OF THE RR ACT. P2(a) : COPY OF THE NOTICE ISSUED by the FIRST RESPONDENT UNDER SECTION 34 OF THE RR ACT. P3 : COPY OF THE PROCEEDINGS INITIATED BY THE SECOND RESPONDENT. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 8145 of 2006 --------------------------------- Dated, this the 19th day of September, 2008 J U D G M E N T Heard learned counsel for the petitioner and learned Government Pleader. 2. The amount sought to be recovered is arrears of subsidy paid to the petitioner, which happened to be repayable by him on account of his failure to run the industry for a duration of five years, which only entitles the industry for subsidy. This Court while admitting the writ petition, granted a conditional stay on payment of Rs.10,000/-. After passing this order on 20/03/2006, this Court issued another order on 22/06/2006 granting instalment facility to the petitioner to clear the arrears in monthly instalment of Rs.5,000/-. It is not known whether liability is fully discharged. However, if the liability is not fully discharged, I grant time to the petitioner to pay the balance arrears with interest @ 9% per annum from the date of default till date of payment, provided the balance arrears are paid on or before 15/11/2008. However, if petitioner does not discharge the WP(C) No.8145/2006 -2- liability as above, then recovery can be continued for recovery of full arrears with full rate of interest after 15/11/2008, after crediting the payments already made by the petitioner. If petitioner has made or makes full payment voluntarily, no collection charges should be recovered from him. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg