IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 18996 of 2004(J) -------------------------- PETITIONER(S): --------------- JOHN V.JOHN, S/O. LATE V.C.JOHN, RESIDING AT VENGANTHARA HOUSE, MAMPAZHAKKARY, VELIYANAD P.O., ALEPPEY DISTRICT. BY ADV. SRI.JOSEPH KODIANTHARA SRI.MATHEWS K.UTHUPPACHAN RESPONDENT(S): --------------- 1. THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., KENSTON ROAD, KAWADIYAR, THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR, ALLEPPEY DISTRICT. 3. THE TAHSILDAR, TALUK OFFICE, KUTTANAD, THEKKEKARA P.O., ALLEPEY DISTRICT. 4. THE VILLAGE OFFICER, RAMANKARY VILLAGE OFFICE, RAMANKARY P.O., ALLEPPEY DISTRICT. 5. THOMSON TOOLS LTD., PALA, REPRESENTED BY ITS MANAGING DIRECTOR - JOSEPH THOMAS, URUMBATH HOUSE, VELLAPPAD P.O., PALA. 6. JOSEPH THOMAS, URUMPATH HOUSE, VELLAPPAD P.O., PALA. ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R1 GOVERNMENT PLEADER FOR R2,3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF PERSONAL GUARANTEE DT.5.9.1988 EXECUTED BY MRS.MOLLY THOMAS AS SURETY. P2: TRUE COPY OF NOTICE DT.28.12.95 ISSUED BY R1 TO THE PETITIONER AND OTHERS. P3: .DO. DT.27.12.1996 .DO. P4: TRUE COPY OF R.R. NOTICE DT.28.5.2002 ALONG WITH ATTACHMENT NOTICE ANNEXED THERETO DT.29.5.2002 ISSUED TO THE PETIITONER BY R3. P5: TRUE COPY OF PROCEEDINGS DT.10.6.2004 ISSUED BY R2 TO PETITIONER. P6: TRUE COPY OF COUNTER AFFIDAVIT DT.11.10.2002 OF R1 IN O.S. 429/2002. RESPONDENT'S EXHIBITS: R1(a): TRUE COPY OF REQUISITION DT.14.2.97 ISSUED BY R1 TO THE DISTRICT COLLECTOR, TRIVANDRUM. R1(b): TRUE COPY OF LETTER DT.20.5.94 ISSUED BY R5 TO R1. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.18996 of 2004 .................................................................... Dated this the 14th day of November, 2008. JUDGMENT Counsel appearing for both sides submitted that the debtors have reached a settlement with KSIDC for clearing arrears under OTS scheme and initial payment is already made. Debtors are also given three months' time to make payment of the balance amount. Accordingly W.P. is closed leaving freedom to the respondents to proceed for recovery, if settlement does not materialise. C.N.RAMACHANDRAN NAIR Judge pms