IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 4663 of 2011(G) --------------------------------------- PETITIONER(S): ------------------------- G.KRISHNAVENI, W/O. R.GANESH, PROPRIETOR, M/S.VISWAPRADEEPA INDUSTRIES, VELANTHAVALAM, PALAKKAD DISTRICT. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENT(S): ---------------------------- 1. THE TAHSILDAR (RR), CHITTUR, PALAKKAD DISTRICT, PIN - 678 101. 2. THE VILLAGE OFFICER, OZHALAPATHY VILLAGE, VELANTHAVALAM, PALAKKAD DISTRICT, PIN - 678 557. 3. DISTRIC INDUSTRIES OFFICER, DISTRICT INDUSTRIES CENTRE, PALAKKAD - 678 001. 4. DISTRICT COLLECTOR, PALAKKAD - 678 001. 5. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. R1 TO R5 BY GOVERNMENT PLEADER SRI. JAMES MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4663/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER MADE G.O.(RT) NO.679/07/ID DTD. 25/05/2007. P2: COPY OF THE RECEIPT NO.44 DTD. 28/06/2007 ISSUED BY THE DISTRICT INDUSTRIES OFFICE, PALAKKAD ALONG WITH COMMUNICATION DTD. 12/06/2007. P3: COPY OF THE REQUEST DTD. 02/04/2008 MADE BY THE PETITIONER BEFORE THE GOVERNMENT. P4: COPY OF THE REQUEST MADE BY THE MLA OF CHITTUR ASSEMBLY CONSTITUENCY SRI.K.ACHUTHAN ON 15/10/2008. P5: COPY OF THE COMMUNICATION DTD. 08/12/2009 SENT BY THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, PALAKKAD. P6: COPY OF THE REVENUE RECOVERY NOTICE DTD. 07/01/2011 ISSUED UNDER SECTION 7 OF THE RR ACT. P7: COPY OF THE REVENUE RECOVERY NOTICE DTD. 07/01/2011 ISSUED UNDER SECTION 34 OF THE RR ACT. P8: COPY OF THE REQUEST DTD. 28/01/2011 MADE BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, PALAKKAD. P9: COPY OF THE NOTICE ISSUED UNDER SECTION 7 OF THE RR ACT BY THE 1ST RESPONDENT VIDE NOTICE DTD. 17/01/2011. P10: COPY OF THE GOVERNMENT ORDER NO.206/2011/ID DTD. 10/02/2011 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT. P11: COPY OF THE REPORT DTD. 9/03/2011 SUBMITTED BY THE INDUSTRIES EXTENSION OFFICER, CHITTUR BLOCK BEFORE THE ASSISTANT DISTRICT INDUSTRIES OFFICER, CHITTUR. P12: COPY OF THE CERTIFICATE DTD. 26/02/2009 ISSUED FROM THE G.KUPPUSWAMY NAIDU MEMORIAL HOSPITAL AT COIMBATORE. RESPONDENTS' ANNEXURE: ANNEX.R3(A): COPY OF THE G.O. DTD. 25/05/2007. /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 4663 of 2011 ================== Dated this the 28th day of July, 2011 J U D G M E N T The petitioner availed of a margin money loan from the 3rd respondent in connection with running of an SSI unit. According to the petitioner, on account of affliction of cancer, the petitioner could not carry on with the unit. Ultimately, the unit was closed. The General Manager of the District Industries Centre initiated proceedings for recovery of the margin money loan of ` 75,000/-. The petitioner approached the Government for waiver. Initially the Government granted waiver of interest, provided the petitioner pays the principal amount within the time limit stipulated. The petitioner did not pay the amount within the time stipulated. The petitioner again approached the Government for wavier, which is pending. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs; “(i) Issue a writ of mandamus or any other appropriate writ commanding the Government to consider the request made by the petitioner for waiver of payment of margin money loan pending before the Government, without any further delay. (ii) Issue a writ of mandamus or any other appropriate writ commanding the 4th respondent to consider and take a decision on exhibit P8 request made by the petitioner without any delay.” 2. I am of opinion that now that the Government has once considered the petitioner's request for waiver and passed an order, it w.p.c.4663/11 2 is for the petitioner to pursue Ext.P8 request. Without prejudice to that right, this writ petition is dismissed. Interlocutory application stands closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge