IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 9608 of 2009(U) -------------------------------------- PETITIONER(S): ------------------------ M. CHANDRAN, PROPRIETOR, CHANDRA TRADERS, MATTANNUR AND KALPAKA TRADERS, IRITTY. BY ADV. SRI.V.V.ASOKAN, SMT.S.AMINA. RESPONDENT(S): -------------------------- 1. MANAGING DIRECTOR, FACT, UDYOGAMANDAL, KOCHI-683 501. 2. GENERAL MANAGER, MARKETING DIVISION, FACT UDYOGAMANDAL, KOCHI-683 501. 3. MANAGER (FINANCE), FACT, UDYOGAMANDAL, KOCHI-683 501. 4. REGIONAL MANAGER, FACT, NORTHERN KERALA REGION, PIRIVUSALA, CHANDRA NAGAR, PALAKKAD. 5. DEPOT OFFICER, FACT AGRO SERVICE CENTRE, NIRMALAGIRI, KOOTHUPARAMBA. BY ADV. SRI.E.K.NANDAKUMAR, SC, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.ANIL D. NAIR, SRI.V.J.ANAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9608/2009-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER SENT BY THE PETITIONER TO THE CHIEF SALES OFFICER, FACT, UDYOGAMANDAL EXT.P2: COPY OF THE LETTER ISSUED BY THE CHIEF SALES MANAGER, FACT. EXT.P3: COPY OF THE WITNESS NOTICE ISSUED BY THE ENQUIRY OFFICER TO THE PETITIONER. EXT.P3(a): COPY OF THE WITNESS NOTICE ISSUED BY THE ENQUIRY OFFICER TO THE PETITIONER. EXT.P4: COPY OF THE REQUEST SENT BY THE PETITIONER TO THE GENERAL MANAGER, FACT. EXT.P4(a): COPY OF THE REQUEST SENT BY THE PETITIONER TO THE 1ST RESPONDENT WITH REFERENCE TO HIS CONCERN-CHANDRA TRADERS. EXT.P4(b): COPY OF THE REQUEST SENT BY THE PETITIONER TO THE 1ST RESPONDENT WITH REFERENCE TO HIS CONCERN-KALPAKA TRADERS. EXT.P5: COPY OF THE LAWYER NOTICE SEND ON BEHALF OF THE PETITIONER TO THE RESPONDENTS. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9608 of 2009-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of April, 2010. Judgment The petitioner was an agent for distributing some of the products of FACT. Later, it was found that he had committed certain acts which were treated as prejudicial to the interest of the FACT. The petitioner was thus kept away from the activity. The matter relates to the realm of contracts. Yet, the ultimate beneficiaries of the exercise of distribution of fertilizers are the farmers. Taking into consideration the importance of the agricultural sector and the request of the petitioner for a benevolent re-consideration of his request, it is ordered that if the petitioner makes a representation to the Chairman and Managing Director of the FACT, that will be taken up, considered and decided upon after giving the petitioner an opportunity of being heard. Let that be done within four months from the date of WPC9608/09 -: 2 :- receipt of a copy of this judgment and the representation as aforesaid. All other issues on merits are left open. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1704