IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 28487 of 2008(N) -------------------------------- PETITIONER: -------------- VINNY P.K., CHATHANKAVU GRANITE WORKS, THACHAMKUNDIL HOUSE, KUNNAMANGALAM, CALICUT DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ----------------- 1. THE DIRECTOR OF INDUSTRIES & COMMERCE, TRIVANDRUM. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, CALICUT. BY GOVT PLEADER SRI P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ----------------------------------------------------- W.P.C. No 28487 of 2008 - N ----------------------------------------------------- Dated this the 25th September 2008 JUDGMENT The petitioner for establishing his small scale industrial unit had availed loan from the Kerala Financial Corporation and Margin Money loan from the District Industries Centre, Kozhikode. There was default in repayment of the Margin Money loan. In the meanwhile, petitioner had settled the dues of the Kerala Financial Corporation under One Time Settlement scheme and according to him, he had to sell his house for the said purpose. 2. Petitioner filed an application on 12.05.2008 for the benefit of One Time Settlement and by Ext P2 order, the first respondent sent a report to the Government seeking permission to settle the dues under One Time Settlement. But thereafter second respondent passed an WPC 28487/08 2 order on 19.08.2008 requiring the petitioner to remit a sum of Rs 1,25,000/-. after quantifying the total amount due from the petitioner in this regard as Rs 2,06,800/-. The petitioner had paid an amount of Rs 81,860/- and the balance amount demanded under the One Time Settlement scheme is Rs 1,25,000/-. Challenging this the petitioner had again preferred Ext P4 representation before the first respondent. In the meanwhile, last date for settlement under One Time Settlement expires on 30.09.2008. 3. Having heard learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of directing the first respondent to consider and pass orders on Ext P4 within a period of three months from the date of receipt of a copy of this judgment. In the meanwhile, if the petitioner remits a further sum of Rs 40,000/- with the second respondent on or before 30.09.2008, it shall be treated as remittance towards the Margin Money loan amount and if ultimately it is found by the first respondent that the petitioner is entitled to waiver of interest as pleaded by the petitioner in Ext P2, then the fact that he has not remitted the balance amount to make up the sum of Rs 81,860/- shall not stand in the way of the fourth respondent granting such concessions to the petitioner as he WPC 28487/08 3 is eligible in terms of the scheme. The writ petition is disposed of as above. Sd/- V. GIRI Judge 25/09/2008 en [true copy]