IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 7023 of 2006(J) ------------------------- PETITIONER(S): --------------- 1. ANILAMMA JAYAN, AGED 42 YEARS, W/O. P.S. JAYAN, PUTHUPARAMPIL, AISWARYA BHAVAN, NAGAMBADAM, KOTTAYAM-1. 2. P.S. JAYAN, AGED 46 YEARS, S/O. LATE P.R. SREEDHARAN, PUTHUPARAMPIL, AISWARYA BHAVAN, NAGAMBADAM, KOTTAYAM-1. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. DEPUTY TAHSILDAR (R.R), KOTTAYAM. 2. KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. PROJECT OFFICER, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, CHELLIYOZHUKKAM, KOTTAYAM. 4. VILLAGE OFFICER, MUTTAMBALAM, KOTTAYAM. R2 AND R3 BY SC SRI. M. SASEENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF THE NOTICE DATED 31.8.2004 ISSUED BY 2ND RESPONDENT EXT.P2 COPY OF THE REPRESENTATION DATED 20.10.2004 SUBMITTED BY FIRST PETITIONER BEFORE THE HONOURABLE MINISTER FOR KHADI AND VILLAGE DEVELOPMENT. EXT.P3 COPY OF THE REPRESENTATION SUBMITTED BY FIRST PETITIONER DATED 20.1.2005 TO RESPONDENTS 2 AND ;3 EXT.P4 COPY OF REPRESENTATION SUBMITTED BY FIRST PETITIONER TO HON'BLE MINISTER DATED 11.4.2005 EXT.P5 COPY OF THE NOTICE DATED 7.10.2005 ISSUED BY 2ND RESPONDENT TO PETITIONERS. EXT.P6 COPY OF THE COVERING LETTER DATED 28.10.2005 FROM THE SECRETARY OF THE 2ND RESPONDENT TO THE THIRD RESPONDENT. EXT.P7 COPY OF THE DEMAND NOTICE ISSUED BY THE FIRST RESPONDENT TO PETITIONERS DATED 22.2.2006 UNDER SECTION 7 OF THE RR ACT. EXT.P8 COPY OF THE DEMAND NOTICE ISSUED BY THE FIRST RESPONDENT TO PETITIONERS DATED 22.2.2006 UNDER SECTION 34 OF THE RR ACT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 7023 OF 2006 -------------------------------------------- Dated this the 24th day of October, 2008 JUDGMENT Even though counsel for the petitioner submitted that liability would have been settled by now, standing counsel appearing for the second respondent submitted that petitioner neither settled liability nor made payment in terms of the interim order of this Court. In the circumstances, respondents are free to proceed with recovery. However, if petitioner offers payment within a reasonable time, there will be direction to the respondents to waive penal and default interest and allow settlement by payment of the arrear amount with agreed rate of interest. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2