IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 14521 of 2009(I) ------------------------------------- PETITIONER(S): ---------------------- A.J.JOHN, S/O.YOHANNAN, A.J.JOHN & COMPANY, KOTTAYAM, RESIDING AT ATTUVARATHU PUTHEN BUNGALOW, ODANAVATTOM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENT(S): ---------------------------- 1. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM. 2. THE TAHASILDAR, REVENUE RECOVERY TALUK OFFICE, KOTTARAKKARA, KOLLAM. 3. THE VILLAGE OFFICER, ODANAVATTOM VILLAGE, KOTTARAKKARA, KOLLAM. GOVERNMENT PLEADER MR.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14521/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMUNICATION NO.B4/1539/2002 DTD. 17.8.04 ISSUED BY THE IST RESPONDENT. P2:- COPY OF THE NOTICE NO.C1-72/95-96 DTD. 12.12.07 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE ORDER GO(RT) NO.688/08 /ID DTD. 4.7.08 ISSUED BY THE GOVERNMENT. P4:- COPY OF THE NOTICE NO.C1/72/95-96 DTD. 30.7.08 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P5:- COPY OF THE STATEMENT NO.93/08 DTD. 13.8.08 ISSUED BY THE 3RD RESPONDENT. P6:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. 4808/09 DTD. 26.2.09. P7:- COPY OF THE ORDER NO.C1-1539/02 DTD. 6.4.09 ISSUED BY THE IST RESPONDENT. P8:- COPY OF THE APPLICATION DTD. 22.7.09 AND ITS POSTAL RECEIPT SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. ANNEXURE R1(a):- COPY OF THE GO(RT) NO.1155/06/ID, DTD. 19.10.06. TRUE COPY P.A. TO JUDGE tss P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 14521 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 13th day of August, 2009 JUDGMENT The petitioner had availed a 'Margin money loan', which was provided by the first respondent, in connection with a pollution testing unit established by the petitioner, after availing the master loan from the KFC. Subsequently, the liability towards the KFC was cleared by the petitioner but the title deeds were still kept in the hands of the KFC, for release of which clearance/NOC is necessarily to be issued by the first respondent. 2. Ext.P1 notice was issued by the first respondent in the year 2004, demanding the arrears stated as due from the petitioner towards the margin money loan. Later, it is stated that the petitioner applied for 'OTS' benefit, which was notified by the Government for Margin money loan as well. In the meanwhile, the revenue recovery proceedings had been initiated at the instance of the first respondent and in the said circumstance, the due amount was directed to be deposited before the Revenue Recovery Authorities, as borne by ExtP5. The learned counsel for the petitioner submits that, the due amount was satisfied by the petitioner accordingly and nothing further is due, despite which, the first respondent refused to issue the NOC, which made the petitioner to approach this Court by filing W.P. (C) No. 4808 of 2009, leading to WP (C) No. 14521 of 2009 : 2 : Ext.P6 judgment directing the first respondent to consider the matter. Pursuant to Ext.P6, the first respondent passed Ext.P7 order stating that, no application had been filed by the petitioner for the benefit of 'OTS' and turned down the request in this regard, holding that further amounts were due from the petitioner for issuing the NOC. 3. The learned counsel for the petitioner, with reference to I.A. 9589 of 2009 submits that, new 'OTS' Scheme in respect of the 'Margin money loan' has been issued by the Industries Department as per G.O. (Rt) No. 891/2009/ID dated 10.7.2009 and that the petitioner is very much entitled to avail the benefit thereunder; for which he has already submitted Ext.P8 application, by registered post. The learned counsel further submits that, the petitioner will be satisfied, if Ext.P8 application is directed to be considered and disposed of in accordance with the Scheme notified as above. 4. Heard the learned Government Pleader as well, who submits with reference to the contents of the statement filed before this Court that, the remittance of the amount by the petitioner stated as in furtherance to Exts.P3 and P4 is not correct or sustainable; as the petitioner was never given any such permission to have the benefit of 'OTS' and obviously no document has been produced before this Court to substantiate the said fact. The learned Government Pleader however WP (C) No. 14521 of 2009 : 3 : submits that, in view of the notification of the new Scheme, Ext.P8 application could be directed to be considered in terms of the said Scheme. 5. In the above facts and circumstances, the first respondent is directed to consider Ext.P8 application preferred by the petitioner for the benefit of the OTS notified by the Government, as per G.O. (Rt) No. 891/2009/ID dated 10.7.2009 and pass appropriate orders thereon as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. It is made clear, till the matter is finalized as above, no coercive steps shall be taken against petitioner. The petitioner shall produce a copy of this judgment before the first respondent for complying with the direction. It is also made clear that, the petitioner shall be given the 'NOC', subject to the outcome of the orders to be passed on Ext.P8 application and on satisfying the terms if any, within a further period of one month thereafter. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd WP (C) No. 14521 of 2009 : 4 :