IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33624 of 2011(C) ------------------------------------ PETITIONER(S): --------------------- P.M.THOMAS, PERUKILAMTHARAPPEL HOUSE, 14/165, SEKHARIPURAM ROAD, PALAKKAD, MANAGING PARTNER, GAYATHRI INDUSTRIAL COMBINES, VII/71, PANNIYAMPADAM, MUNDUR POST, PALAKKAD. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM, KERALA-695 001. 2. THE DISTRICT INDUSTRIES CENTRE, REPRESENTED BY ITS GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, NEAR COLLECTORATE, PALAKKAD-678 001. BY GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 33624 of 2011(C) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : THE TRUE COPY OF THE APPLICATION FOR ONE TIME SETTLEMENT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.13.9.2011. EXT.P2 : THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT ALLOWING THE ONE TIME SETTLEMENT DTD.28.9.2011. EXT.P3 : THE TRUE COPY OF THE ORDER REJECTING THE REQUEST OF THE PETITIONER FOR EXTENSION OF TIME BY THE RESPONDENT DTD.10.11.2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE. dlk ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33624 of 2011 ---------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT By Ext.P2 order, petitioner was allotted extended benefits of one time settlement scheme. This order was issued on 28.9.2011 and an amount of Rs.1,96,328/-(Rupees One lash ninety six thousand three hundred and twenty eight only) was ordered to be remitted on or before 30.9.2011. However, petitioner could not raise the amount and he sought extension of time which was rejected by Ext.P3. It is thereupon this writ petition was filed. 2. When the case came up for admission on 15.12.2011, this Court directed the petitioner to remit the amount as ordered in Ext.P2 and it is now submitted that the amount has been remitted on 16.12.2011 itself. 3. Thus with the remittance made by the petitioner he has proved his bona fides. That apart Ext.P2 order was issued on 28.9.2011 and the amount was ordered to be remitted by W.P.C.. No. 33624 OF 2011 -2- 30.9.2011. From this it is evident that the time allotted was totally inadequate. 4. In such circumstances I direct that the respondents shall treat the remittance made by the petitioner on 17.12.2011 as one made in compliance with Ext.P2. Any coercive action initiated by the 2nd respondent for recovery of amount due from the petitioner in respect of the liability mentioned in Ext.P2, shall on production of a copy of this judgment, be recalled. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Kp/-