IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 21370 of 2011(U) ----------------------- PETITIONER : --------------------- K.O.THOMAS, AGED 62 YEARS, S/O.OUSEPH, PROPRIETOR, KALLOOKADAN MODERN RICE MILL, OKKAL PO, KALADY. BY ADVS. SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN SRI.ANIYANKUNJU VARGHESE RESPONDENT(S): ------------------------- 1. KERALA STATE CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, GANDHI NAGAR, COCHIN 682 020, REP.BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, GANDHI NAGAR, COCHIN 682 020. 3. STATE OF KERALA, REP.BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 4. THE SECRETARY, MINISTRY OF CIVIL SUPPLIES, STATE OF KERALA, TRIVANDRUM 695 001. 5. DISTRICT COLLECTOR, ERNAKULAM - 682 030. 6. THE TAHSILDAR, KUNNATHUNADU TALUK - 683 542. R1 & R2 BY ADV. SMT.MOLLY JACOB, SC, SUPPLYCO R3 TO R6 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 21370 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTICE DATED 8.10.07 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT.P2 : COPY OF THE REPRESENTATION DATED 3.12.2010 SUBMITTED BY THE PETITIONER TO THE HON'BLE MINISTER FOR CIVIL SUPPLIES. EXT.P3 : COPY OF THE ORDER DATED 15.12.2010 IN I.A. 17213/2010 IN WP(C) NO. 31143/2007. EXT.P4 : COPY OF THE REPRESENTATION DATED 15.12.10 SUBMITTED BY THE PETITIONER TO THE SECRETARY, MINISTRY OF CIVIL SUPPLIES BY REGD. POST. EXT.P5 : COPY OF THE AD CARD RECEIVED IN CONNECTION WITH EXT.P4. EXT.P5(a) : COPY OF THE AD CARD RECEIVED IN CONNECTION WITH COPY OF EXT.P4 SENT TO THE RESPONDENT. EXT.P6 : COPY OF THE JUDGMENT DATED 24.1.11 IN WP(C) 2255/11 OF THIS HON'BLE COURT. EXT.P7 : COPY OF THE LETTER DATED 27.1.2011 SENT BY THE PETITIONER'S COUNSEL TO THE RESPONDENT. EXT.P8 : COPY OF THE LETTER DATED 18.2.2011 SENT BY THE PETITIONER'S COUNSEL TO THE RESPONDENT. EXT.P9 : COPY OF THE STATEMENT OF ACCOUNT SENT BY THE RESPONDENT THROUGH THEIR COUNSEL ALONG WITH COVERING LETTER. EXT.P10 : COPY OF REPRESENTATION DATED 14.3.11 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P11 : COPY OF ORDER NO. EST4. 20143/05 DATED 16.3.2011 ISSUED BY THE RESPONDENT. EXT.P12: : COPY OF THE LETTER DATED 24.3.2011 SUBMITTED BY THE PETITIONER TO THE RESPONDENT WHILE DEPOSITING A SUM OF RS. 22,66,832/-. EXT.P13 : COPY OF THE RECEIPT EST7.20143/05 DATED 28.3.2011 ISSUED BY THE OFFICE OF THE MANAGING DIRECTOR FOR DEPOSITING A SUM OF RS. 22,66,832/- (Contd...) WP(C).No. 21370 of 2011(U) EXT.P14 : COPY OF THE NOTICE NO. EST4.20143/05(2) DATED 16.4.2011 ISSUED BY THE MANAGER (GS) I/C OF THE RESPONDENT TO THE PETITIONER. EXT.P15 : COPY OF THE REPRESENTATION DATED 2.5.11 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P16 : COPY OF THE REPRESENTATION DATED 12.7.11 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P16(a) : COPY OF THE AD CARD RECEIVED FROM THE 2ND RESPONDENT FOR EXT.P16. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 21370 of 2011 U ``````````````````````````````````````````````````````````` Dated this the 17th day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is the proprietor of a rice mill. The Civil Supplies Corporation had awarded the petitioner a contract for processing paddy. According to the Civil Supplies Corporation, substantial amounts were due from the petitioner and according to the petitioner, the liability has been fully discharged. 2. In this writ petition, the grievance of the petitioner is that by resolution dated 25.05.2011, the Board of Directors of the first respondent resolved to withdraw the demand for penalty. It is stated that, at the time when the said resolution was passed, the revenue recovery proceedings already initiated is pending and that the second respondent is not issuing any order conveying the decision of the Board of Directors to the revenue recovery authorities. It is with this allegation, the petitioner seeks appropriate directions for withdrawing the recovery proceedings. 3. However, the learned Standing Counsel appearing W.P.(C) No.21370/2011 : 2 : for the Corporation submits that, as at present, the resolution of the Board is to convert penalty into fine, subject to ratification by the Government. It is stated that the last decision taken by the first respondent is reflected in Ext.P11, the relevant portion of which reads as under:- “ The request regarding exempting from penalty, that too, when the amount involved is huge is to be considered by the Board of Directors and as such is to be placed in the next meeting of the Board of Directors for their consideration. Till such time the revenue recovery proceedings will be kept in abeyance, provided the applicant remits the principal amount of Rs.22,66,832.07 in the next 7 days. The action regarding the recovery of penalty will be taken as per the decision of the Board of Directors. In case they fail to remit even the Principal amount within next 7 days, the Manager (GS) should initiate steps for recovery of the whole amount, including the penalty.” W.P.(C) No.21370/2011 : 3 : It is also submitted that the petitioner has already remitted the amount mentioned in Ext.P11 and that, as of now, the recovery proceedings are kept in abeyance. 4. As already seen, the main grievance of the petitioner is regarding the pending revenue recovery against him. Now even according to respondents 1 and 2, the recovery proceedings are kept pending awaiting the decision of the Government of Kerala on the resolution taken by the Board of Directors. In view of this at this stage, all what is required is to record the submission of respondents 1 and 2 and direct that revenue recovery proceedings be kept in abeyance. It is ordered that the petitioner shall produce a copy of this judgment before respondents 5 and 6, who shall thereupon keep the recovery proceedings in abeyance, until otherwise ordered by the first respondent. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/17/08 // True Copy // P.A. To Judge