IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 OP.No. 4748 of 2003(M) ---------------------- PETITIONER: ------------ 1. MARUTHI OIL MILLS (PVT) LIMITED, KILIKOLLOOR, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR M.M.N.D.KANAKA SABAI, RESIDING AT NAGALINGA VILAS BUNGALOW, CHINNAKKADA, KOLLAM. 2. M.M.N.D.KANAKA SABAI, RESIDING AT NAGALINGA VILAS BUNGALOW, CHINNAKKADA, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE SRI.PRAVEEN.A RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. 2. THE TAHASILDAR (R.R), TALUK OFFICE, KOLLAM. 3. THE VILLAGE OFFICER, KOLLAM EAST VILLAGE KOLLAM. *4. THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, KESTON ROAD, KAWDIAR, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. (*IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 21/02/2003 IN CMP NO. 9274/2003) BY SMT.SMITHA SUKUMAR, GOVERNMENT PLEADER SRI.M.PATHROSE MATHAI, SC SRI.SAJI VARGHESE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 4748/2003 ORDER ON CMP NOS. 10072/2003, 8448/2003 AND IA NO. 12182/2003 IN O.P.NO. 4748/2003 DISMISSED. 08/01/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF NOTICE DATED 24/01/1997 ISSUED BY R2 TO PETITIONER. P2 : COPY OF VALUATION REPORT DATED 26/12/93. P3 : COPY OF VALUATION REPORT PREPARED BY K.THANKAPPAN NAIR, APPROVED VALUER. P4 : COPY OF SALE NOTICE APPEARED IN THE MALAYALA MANORAMA DATED 07/03/97. P5 : COPY OF OBJECTION FILED BY R2 IN O.P.NO. 4023/97. P6 : COPY OF NOTICE PUBLISHED BY R2 IN 'THE HINDU' DATED 30/03/01. P7 : COPY OF NOTICE ISSUED BY R2 & PUBLISHED IN MATHRUBHOOMI DATED 30/07/2001. P8 : COPY OF AUCTION NOTICE DATED 23/03/2000. P9 : COPY OF AUCTION NOTICE DATED 27/11/2002 ISSUED BY R2. P10 : COPY OF REPRESENTATION DATED 28/01/2003 SUBMITTED BY PETITIONER BEFORE R2. P11 : COPY OF AUCTION NOTICE DATED 24/01/2003 ISSUED BY R2. P12 : COPY OF LETTER FROM R2 DIRECTING PETITIONER TO APPEAR FOR PERSONAL HEARING ON 31/01/2003. P13 : COPY OF REPLY SENT BY PETITIONER. P14 : COPY OF REPRESENTATION DATED 03/02/2003 SENT BY PETITIONER TO R2. P15 : COPY OF TAX RECEIPT OF RESIDENTIAL BUILDING OF PETIITONER DATED 07/07/97. P16 : COPIES OF TAX RECEIPTS DATED 05/02/2000, 10/05/2000 & 12/08/2000. P17 : COPY OF RELEVANT PORTION IN THE 'HAND BOOK ON COCONUT PALM' PUBLISHED BY P.K.THAMAN. O.P.NO. 4748/2003 P18 : COPY OF SHOW CAUSE NOTICE APPEARED IN MALAYALA MANORAMA DAILY DATED 22/02/2003 ISSUED BY DISTRICT COLLECTOR, KOLLAM AGAINST VILLAGE OFFICER. P19 : COPY OF INSURANCE POLICY WITH PREMIUM RECEIPT. RESPONDENT'S EXHIBITS R2(a) : COPY OF LETTER DATED 03/02/2003 SUBMITTED BY PETITIONER. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ----------------------------------- O.P. No. 4748 of 2003 ------------------------- Dated, this the 8th day of January, 2008 J U D G M E N T Learned counsel for the petitioners submits that liability due to KSIDC is settled. However, learned standing counsel for KSIDC does not appear to be aware of the settlement. The remaining grievance of the petitioners is only against the improper sale of movables, which according to petitioners was worth rupees one crore, whereas sale price obtained is only Rs.2,10,000/-. It is stated in the counter affidavit that the machinery sold was in scrap form. In any case, if there is irregularity or impropriety in sale, it is open to the petitioners to initiate appropriate action against the person involved. Since recovery is not pending against the petitioners, this original petition is closed with the above observation. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg