Petitioner sought mandamus for refund of excess payment. Court directed 4th respondent to transfer remittance details to 1st respondent within one month to facilitate subsequent refund order.
Directed 4th respondent to transfer remittance details to 1st respondent within one month to facilitate refund to petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 1946 of 2007(F)
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PETITIONER(S):
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M/S. RADHAKRISHNAN & COMPANY, AWD 8, ANGAMALY-683 572, REPRESENTED BY ITS MANAGING PARTNER P.B.RADHAKRISHNAN, RESIDING AT MANACODE BANGLOW, NEAR ANGAMALY RAILWAY STATION, ANGAMALY.
BY ADV. SRI.C.K.PAVITHRAN
RESPONDENT(S):
2. DIRECTOR OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM.
3. TALUK SUPPLY OFFICER, ALUVA.
4. THE DISTRICT MANAGER, FOOD CORPORATION OF INDIA, ERNAKULAM, KOCHI-11.
R1 TO R3 BY GOVT. PLEADER SRI.M.H.HANILKUMAR R4 BY ADV. SRI.P.JACOB VARGHESE, SC, FCI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs
W.P.(C). NO. 1946/2007
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
R1(c):COPY OF PROCEEDINGS NO.CS/J3-6537/1994 DATED 03/07/1995 OF THE DIRECTOR CIVIL SUPPLIES.
/TRUE COPY/
P.A. TO JUDGE.
svs
P.R. RAMACHANDRA MENON J.
W.P (C) No. 1946 of 2007
Dated, this the 15th June , 2011
JUDGMENT
The petitioner has approached this Court seeking for issuance of a writ of mandamus directing the respondents to refund the amount covered by Ext. P2.
“3. It is submitted that on receipt of notice of the petitioner dated 18.12.2006, the second respondent contacted the authorities of the FCI through Taluk Supply Officer, Aluva. But the FCI authorities informed the second respondent that they transfer credited the excess amount for the period from 01.02.1994 to 06.02.1994 to the PD account of the second respondent and since more more than 10 years lapsed in connection with the aforesaid matter, they need one week time for giving the details. But no remittance particulars / transfer details were received from FCI authorities so far. The 2nd respondent is constrained to give such a huge amount without getting the reliable details from the FCI authorities showing that the said amount has been transfer credited to the PD account of the 2nd respondent. The 2nd respondent has no objection to disburse the said amount on receipt of the transfer details/remittance particulars from the
W.P. (C) No. 1946 of 2007
: 2 :
FCI authorities. It is submitted that no willful negligence on the part of the department”.
counter affidavit filed by 4th respondent submits that the said respondent has virtually conceded as to the 'remittance' made, in paragraph 7 of the counter affidavit. This being the position, it is for the second respondent to disburse the amount as sought for.
W.P. (C) No. 1946 of 2007
: 3 :
Petitioner shall produce a copy of the judgment along with copy of the writ petition before the concerned respondents for further steps.
The Writ Petition is disposed of.
P. R. RAMACHANDRA MENON, JUDGE
kmd
/True copy/
P.A. to Judge
2 issues framed by the court
Whether the petitioner is entitled to refund of the amount covered by Exhibit P2.
Whether the respondents need details of remittance from FCI before passing the order for refund.
M/s. Radhakrishnan & Company
Government of Kerala
Director of Civil Supplies
Taluk Supply Officer, Aluva
The District Manager, Food Corporation of India, Ernakulam
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
