Disposed

Ajith Kumar D v. State of Kerala

Kerala HC16 Jan 2012WP(C)/522/2012

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking direction to the Kerala Khadi and Village Industries Board. After the petitioner settled the loan, he received a notice for further payment and filed a representation. The court directed the Board to decide his representation after an opportunity of hearing within one month and stayed further proceedings.

What did the court decide?

Directed the 2nd Respondent to consider the Petitioner's representation after an opportunity of hearing and pass orders within one month.

Ajith Kumar D Vs State of Kerala — Writ and Judicial Review | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE S.SIRI JAGAN

¶4

MONDAY, THE 16TH DAY OF JANUARY 2012/26TH POUSHA 1933

¶5

WPC.No. 522 of 2012 (M)

¶6

PETITIONER(S):

¶7

AJITH KUMAR ,AGED 50 YEARS, S/O.DIVAKARAN PILLAI, KALA BHAVAN, KIDANGAYAM NADUVIL, SOORANADU SOUTH VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT, KERALA. PIN- 690 519.

¶8

BY ADV. SRI.SOORANAD S.SREEKUMAR

¶9

RESPONDENT(S):

¶10

1. STATE OF KERALA, REPRESENTED BY THE GOVERNMENT SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶11

2. SECRETARY,

¶12

KERALA KHADI AND VILLAGE INDUSTRIES BOARD,

¶13

VANCHIYOOR, THIRUVANANTHAPURAM-695 035.

¶14

3. PROJECT OFFICER,

¶15

KERALA KHADI AND VILLAGE INDUSTRIES BOARD,

¶16

DISTRICT OFFICE, KOLLAM-1.

¶17

R1 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE R2 & R3 BY SRI.R.S.HARI KUMAR ,SC,

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C)NO.522/2012

APPENDIX

PETITIONER'S EXHIBITS:

¶23

P1 COPY OF THE LETTER DATED 31/12/2009 ISSUED BY THE 2ND RESPONDENT.

¶24

P2 COPY OF THE RECEIPT DATED 31/12/2009 ISSUED BY THE 2ND RESPONDENT.

¶25

P3 COPY OF THE LETTER DATED 03/01/2011 ISSUED BY THE 2ND RESPONDENT.

¶26

P4 COPY OF THE INFORMATION DATED 03/11/2011 RECEIVED TO THE PETITIONER FROM THE STATE PUBLIC INFORMATION OFFICER OF KERALA KHADI AND VILLAGE INDUSTRIES BOARD.

¶27

P5 COPY OF THE REPRESENTATION DATED 10/11/2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

¶28

RESPONDENT'S EXHIBITS:

NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

S. SIRI JAGAN, J.

¶34

W.P.(C) No.522 of 2012

¶35

Dated this the 16^th day of January, 2012

¶36

JUDGMENT

¶37

The petitioner availed of a loan from the Kerala Khadi and Village Industries Board. The petitioner committed default in repayment of the same. When respondents 2 and 3 initiated proceedings for coercive recovery, the petitioner availed of the benefit of One Time Settlement and as per the direction of respondents 2 and 3, the petitioner paid the One Time Settlement amount of Rs.5,75,073/-. The petitioner paid the entire amount as evidenced by Ext.P2 receipt issued by the 2^nd respondent. That was in December 2009. It was subsequently on 3.1.2011, the petitioner was served with Ext.P3 directing the petitioner to pay an amount of Rs.79,142/- further to settle the loan account. Under the Right to Information Act, the petitioner was served with Ext.P4 information stating that still amounts are due. The petitioner has filed Ext.P5 representation in this regard before the 2^nd respondent. The petitioner seeks a direction to the 2^nd respondent to consider and pass orders on Ext.P5

W.P.(C)No.522/12

expeditiously.

Having heard the learned Standing Counsel for respondents 2 and 3 as well as the learned Government Pleader, I dispose of this writ petition with a direction to the 2^nd respondent to consider and pass orders on Ext.P5, after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Till then, no further proceedings shall be initiated against the petitioner.

¶42

S. SIRI JAGAN, JUDGE

¶43

acd

¶44

W.P.(C)No.522/12 3

¶45

W.P.(C)No.522/12 4

Ajith Kumar D v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajith Kumar D v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.R.Aswani Raj Vs Amith Mallick

Dennison Vs Babu, Branch Manager, Canara Bank

Sebastian Joseph Vs Mohan.P.K

The Cochin Malabar Estates & Industries Vs the Asst.Provident Fund Commissioner

C.S.Sujathakumari Vs the Authorised Officer,Thiruvananthapuram

B.Jayaprakasan Vs Kerala State Electricity Board