IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 8540 of 2007(N) -------------------------------------- PETITIONER: -------------------- KERALA STATE RUBBER CO-OP.LTD.,(RUBCO), REGISTRATION NO.4412,4TH FLOOR,K.V.R TOWERS, SOUTH BAZAR,KANNUR 670 002 REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: ------------------------- 1. STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIT,THIRUVANANTHAPURAM. 2. GOVERNMENT OF KERALA,REPRESENTED BY ITS SECRETARY,DEPARTMENT OF FINANCE,GOVERNMENT SECRETARIT,THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY,DEPARTMENT OF CO-OPERATION,GOVERNMENT SECRETARIAT,TRIVANDRUM. 4. THE PRINCIPAL SECRETARY,DEPARTMENT OF AGRICULTURE,GOVERNMENT SECRETARIAT,TRIVANDRUM. 5. THE DIRECTOR OF AGRICULTURE, DEPARTMENT OF AGRICULTURE,THIRUVANANTHAPURAM. 6. THE AGRICULTURAL PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE,THIRUVANANTHAPURAM. 7. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8540/2007 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GOVT.ORDER NO.31/2002/AD DTD. 18/02/2002 ISSUED BY THE AGRICULTURAL DEPARTMENT. EXT.P2: COPY OF THE LAST CLAIM STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT ON 30/06/2005. EXT.P3: COPY OF THE STATEMENT SHOWING DETAILS OF THE AMOUNTS TO BE REIMBURSED BY THE GOVERNMENT AS N 30/09/05 TOTALING RS.37.03 CRORES. EXT.P4: COPY OF THE JUDGMENT OF THIS HON'BLE COURT DTD. 14/02/2006 IN WP(C) NO.32913 OF 2005. EXT.P5: COPY OF THE ORDER OF THIS HON'BLE COURT DTD. 20/09/2006 IN I.A.NO.12106/06 IN WP(C)NO.32913 OF 2005. EXT.P6: COPY OF THE LETTER DTD. 16/09/06 RECEIVED BY THE PETITIONER FROM THE AGRICULTURAL PRODUCTION COMMISSIONER, GOVT. OF KERALA. EXT.P7: COPY OF THE LETTER DTD. 31/10/06 ALONG WITH A DETAILED STATEMENT SUBMITTED BYTHE PETITIONER BEFORE THE GOVERNMENT. EXT.P8: COPY OF THE ORDER DTD. 19/12/2006 ISSUED BY THE GOVERNMENT. EXT.P9: LETTER DTD. 15/02/2002 SENT BY THE PETITIONER TO THE FOURTH RESPONDENT. EXT.P10: LETTER DTD. 11/03/2002 SENT BY THE PETITIONER TO THE FOURTH RESPONDENT. EXT.P11: LETTER DTD. 08/04/2002 SENT BY THE PETITIONER TO THE FOURTH RESPONDENT. EXT.P12: A STATEMENT SHOWING THE DETAILS OF THE AMOUNTS WHICH ARE PRESENTLY DUE TO BE PAID BY THE GOVERNMENT TO THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 8540 OF 2007 ----------------------------------- Dated this the 27th day of February, 2008 JUDGMENT Following earlier round of litigations, initiated by the petitioner RUBCO, on the question of amounts to be paid by the Government under certain transactions relating to claim of RUBCO, Ext.P8 order was issued after the claims were verified by a high level committee. Two issues survive for resolution as of now. The 8th paragraph of Ext.P8 refers to two periods for which the high level committee had not recommended the claims of the petitioner for rubber procured by it. The basic reason is that those periods were not covered by the Government Order or because the rate of rubber price was varying with the procurement prices. Obviously, the high level committee could not decide those issues for want of appropriate decision at the Government level as to how the claims for those periods have to be treated. Hence, that issue ought to have gained the attention of the Government through the proper channel by placing it before the Government and obtaining necessary orders either way. The second issue was regarding the claim made by RUBCO for interest, at par with interest paid by it to WPC No. 8540 OF 2007 2 the financing institution from which it had availed loan with the State Government as a guarantor. Ext.P8 is silent on that issue also. Once the aforesaid issues are settled, the matter in relation to this case would get concluded. Since the Government have not expressed their decision on these two issues, it is improper that this court to sit in judicial review of those matters. Under such circumstances, this Writ Petition is disposed of directing that following Ext.P8 and this judgment, the aforesaid two issues shall be dealt with by the Government in accordance with law, and a decision taken, after affording the petitioner an opportunity of being heard. Let this be done within an outer limit of six months from the date of receipt of copy of this judgment. Obviously, statement in Ext.P8 would not stand in the way of the Government in taking a decision on the aforesaid issues. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 8540 OF 2007 3 WPC No. 8540 OF 2007 4