IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 36235 of 2009(Y) -------------------------------------- PETITIONER(S): ----------------------- M/S SOUTHERN WEIGHING INSTURUMENTS PVT LTD.,(INCORPORATED UNDER COMPANIES ACT 1956) NO.10-10333 OF 1996. MICRO CATEGORY SMALL SCALE INDUSTRY REP.BY ITS MANAGING DIRECTOR V.VISWANADHAN, AGED 56 YEARS, S/O.LATE VELAYUDHAN ACHARI,"ASHIANA", VASUNDHARA NAGAR(S), G.E.ROAD, BHILAI-3, CHATTISGARH. BY ADV. MR.MANJERI SUNDERRAJ, SMT.SUSAN JACOB, SMT.K.K.PREETHA. RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, FINANCE MINISTRY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, TAXES (C) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 3. THE COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, PUBLIC OFFICES BUILDING, TRIVANDRUM. 4. KITCO LTD., (ESTD.BY IDBI & GOVERNMENT OF KERALA), REGISTERED OFFICE, BUILDING, RAVIPURAM M.G.ROAD, COCHIN-682 016. R1 TO R3 BY GOVERNMENT PLEADER MR.C.K. GOVINDAN. R4 BY ADV. MR.E.K. NANDAKUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 36235 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009 J U D G M E N T 1. The petitioner was awarded with a contract for installation, operation and maintenance of 'weigh bridges' at various Commercial Tax Check Posts within the State. The work was awarded by M/s. KITCO Ltd., on behalf of the Commercial Tax Department of the State Government. Eventhough weigh bridges were established in two check posts, installation in two other check posts could not be made for want of suitable land. There were a series of interactions in this regard between the petitioner and M/s. KITCO and also with the authorities of the Commercial Tax Department. Ultimately it was decided to give up the proposals for installation of weigh bridges in two of the check posts. It is evident that pursuant to a higher level meeting held in the presence of the Hon'ble Minister for Finance on 23.11.2009, it was decided to terminate the W.P.(C)No. 36235 of 2009 -2- award with respect to those two check posts and to release the Earnest Money Deposit to the petitioner along with release of the bank guarantee furnished towards Security Deposit. Incidentally the conference had also dealt with issues pertaining to enhancement for rate for weighment of the vehicles at the check posts where weigh bridges had already been installed. 2. Grievance of the petitioner is that pursuant to the decision arrived at the higher level meeting, no further action is being taken by the respondents, inspite of repeated representations and refund of the EMD and Security Deposit has not so far been effected. Therefore the petitioner is seeking directions in this regard. Considering facts and circumstances of the case the writ petition can be disposed of on issuing necessary directions to the respondents 2 & 3 to take appropriate actions based on Exts.P10 & P11 representations submitted by the petitioner. 3. Therefore the respondents 2 & 3 are directed to consider and dispose of Ext.P10 & P11, if necessary after W.P.(C)No. 36235 of 2009 -3- affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. C.K. ABDUL REHIM JUDGE shg/