IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 19583 of 2006(F) -------------------------- PETITIONER(S): --------------- SUNANDA P.R., W/O.K.V. PRAKASH, AGED 38 YEARS, EAST NADA, THRIPRAYAR VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- 1. KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE AND SCHEDULED TRIBES LIMITED REGISTERED OFFICE: P.B.NO.523, TOWN HALL ROAD, THRISSUR, REPRESENTED BY THE MANAGING DIRECTOR. 2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, TRIVANDRUM. 3. THE REGIONAL MANAGER, REGIONAL OFFICE, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE AND SCHEDULED TRIBES LIMITED, KANNUR. 4. SECRETARY TO GOVERNMENT, SCHEDULED CASTE AND SCHEDULED TRIBES DEVELOPMENT (E) DEPARTMESNT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 5. JOINT SECRETAR TO GOVERNMENT, SCHEDULED CASTE AND SCHEDULED TRIBES DEVELOPMENT (E) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. R2 , R4 & R5 BY SPL.G.P. SRI. T. SANTHOSH KUMAR ADV. SRI.M.K.CHANDRA MOHANDAS FOR R1,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE REGIONAL MANAGER OF THE FIRST RESPONDENT DATED 19.11.1994 EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 2.5.1995 TO THE MANAGING DIRECTOR OF THE FIRST RESPONDENT CORPORATION. EXT.P3 TRUE COPY OF THE LETTER DATED 26.9.1994 SENT BY THE PETITIONER TO THE REGIONAL MANAGER OF THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE ORDER NO. 13925/C2/96/SCSTDD OF THE SCHEDULED CASTS AND SCHEDULED TRIBES DEVELOPT. (C) DEPARTMENT DATED 25.7.1996 EXT.P5 TRUE COPY OF THE LETTER NO. B3/30/DTP/93 DATED 14.3.2000 OF THE REGIONAL MANAGER OF THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO. RR03-1222/2001 ISSUED AGAINST ONE OF THE SURETIES OF THE PETITIONER BY NAME V.C. BALAN DATED 23.7.2001 EXT.P6(a) TRUE COPY OF THE NOTICE RECEIVED BY THE OTHER SURETY OF THE PETITIONER BY NAME K.K. RATHNAGARAN. EXT.P7 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 6TH RESPONDENT (2ND RESPONDENT HEREIN) IN OP 24381 OF 2001 EXT.P8 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE FIRST RESPONDENT IN OP 24381 OF 2001 EXT.P9 TRUE COPY OF THE VIDE JUDGMENT DTED 7.10.2005 DISPOSED OF OP NO.24381 OF 2001 OF THIS HON'BLE COURT. EXT.P10 TRUE COPY OF THE ORDER DATED 17.6.2006 AS G.O.RT. NO.466/06/SCSTDD BY THE JOINT SECRETARY UNDER THE FOURTH RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 19583 OF 2006 -------------------------------------------- Dated this the 17th day of June, 2009 JUDGMENT This is a second round Writ Petition filed by the same petitioner. In the first round this Court gave an opportunity to the petitioner before the Govt. to prove her grievance against the first respondent supplying low quality equipments to run DTP centre. However, Govt. issued Ext.P10 stating that petitioner did not produce any proof to prove her claim against supply of low quality equipments to run the unit. In any case, I do not there is any scope for this Court to sit in appeal over Ext.P10. Therefore W.P. is closed without considering the petitioner's grievance against the first respondent. However, since business failed, first respondent will grant OTS benefit to the petitioner, if petitioner settles the entire liability within three or four months from today. However, if petitioner does not come forward with offer for settlement by remittance of at least 10% of the balance outstanding within two months from now, respondents are free to proceed for recovery without granting any OTS benefit. If 10% is paid and OTS benefit granted, 2 there will be direction to respondents not to recover the amount for two months thereafter within which time petitioner will remit the OTS amount. (C.N. RAMACHANDRAN NAIR) Judge kk 3