IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 36692 of 2008(R) ---------------------------------------- PETITIONER(S): ------------------------ M/S.KALLUMKAL CRUMB RUBBER FACTORY, ANCHILLIPPA, MANNARAKKAYAM(P.O),KANJIRAPPALLY, REPRESENTED BY ITS MANAGING PARTNER. BY ADV. MR.LIJI.J.VADAKEDOM RESPONDENT(S): ------------------------- 1. STATE FARMING CORPORATION OF KERALA LTD, FARM HOUSE, P.B.NO.13,VETTITHITTA.P.O, ALIMUKKU, PUNALUR, REPRESENTED BY ITS MANAGING DIRECTOR. 2. DEPUTY TAHSILDAR, (REVENUE RECOVERY) TALUK OFFICE, KANJIRAPPALLY. 3. VILLAGE OFFICER-KANJIRAPPALLY VILLAGE OFFICER, KANJIRAPPALLY.P.O, KOTTAYAM DISTRICT. R1 BY ADV. SRI.AJITH KRISHNAN,SC,STATE FARMING COR R2 & R3 BY GOVT. PLEADER MR.P.K.BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 23/07/2009, ALONG WITH WPC NO. 32910 OF 2008 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36692/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER OF ACCEPTANCE OF PETITIONER'S TENDER ISSUED BY IST RESPONDENT 2.2.07 (TWO IN NUMBER.) P2:- COPY OF THE LETTER OF II EXTENSION ISSUED BY THE IST RESPONDENT DTD. 26.4.07. P3:- COPY OF THE NOTICE INFORMING FOR FEITURE OF SECURITY DEPOSIT DTD. 2.5.07 ISSUED BY THE PETITIONER. P4:- COPY OF THE LETTER DTD. 25.5.07 ISSUED BY PETITIONERM TO THE IST RESPONDENT. P5:- COPY OF THE LETTER DTD. 25.6.07. P6:- COPY OF THE LETTER DTD. 9.7.07 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P7:- COPY OF THE LETTER DTD. 24.3.08 FIXING THE LIABILITY OF THE PETITIONER AS RS. 23,86,376/-. P8:- COPY OF THE LETTER DTD. 15.4.08 ISSUED BY THE PETITIONER. P9:- COPY OF THE NOTICE NO.B3-13470/07 DTD. 15.10.08 U/SEC. 7 AND 34 OF K.R.R.ACT ISSUED BY THE 2ND RESPONDENT. P10:- COPY OF THE LETTER ISSUED BY THE PETITIONER DTD. 1.11.08. P11:- COPY OF THE TENDER CONDITIONS DTD. 9.5.07. TRUE COPY P.A. TO JUDGE tss P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 36692, 33654, 32910, 33518, 33256 OF 2008 & 605 OF 2009 ----------------------------------- Dated this the 23rd day of July, 2009 J U D G M E N T The main grievance projected in all these Writ Petitions is that the recovery proceedings have been pursued against the petitioners, without actually qualifying liability and further that no opportunity of hearing has been given to the petitioners in this regard. Learned Counsel appearing for the petitioners, brought it to the notice of this Court that, under similar circumstances, this Court has held on 08.06.2009 in WP(C) 15686/2009, that the matter required to be reconsidered and accordingly, the coercive steps were intercepted, directing the concerned respondent to quantify the liability after giving an opportunity of hearing to the petitioners, before proceeding with the coercive steps. 2. After hearing both the sides, it is found fit and proper that the matters can be disposed of, directing the first respondent to consider the grievance projected by the petitioners in the concerned representations stated as already filed by them. Learned counsel for the petitioners submit that, all the petitioners want to prefer a detailed representation raising all WPC NO.36692, 33654, 32910, 33518, 33256 of 2008 & 605/2009 2 the relevant grounds in respect of the issue in question. 3. In the above circumstances, the petitioners are directed to file appropriate representations in this regard within a period of one month. On such an event, the first respondent shall consider and pass appropriate orders thereon, after giving an opportunity of hearing to the petitioners in accordance with law, as expeditiously as possible, at any rate within two months thereafter. It is also made clear that, the petitioners can present the matter either by themselves or be represented otherwise. Till such final orders are passed in the representations as aforesaid, all further coercive proceedings stated as being pursued against the petitioners shall be kept in abeyance. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc