Dismissed

Prima Agro Products Limited v. State of Kerala

Kerala HC5 Jun 2014WP(C)/12698/2005

Case brief

AI extract

What is this about?

The court held that the writ petition is infructuous as the petitioner settled arrears under the One Time Settlement Scheme. The High Court directed the Electricity Board and Special Officer to process a refund of Rs. 4,00,000 found due in earlier proceedings within two months.

What did the court decide?

Directing respondents 2 and 3 to process refund of Rs. 4,00,000 found due in Ext.P7 within two months.

Prima Agro Products Limited Vs State of Kerala — Banking and Recovery | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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THURSDAY, THE 5TH DAY OF JUNE 2014/15TH JYAISHTA, 1936

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WP(C).No. 12698 of 2005 (J)

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PETITIONER(S):

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PRIMA AGRO PRODUCTS LTD., FORMERLY SWATHI ROLLER FLOUR MILLS (P) LTD. PLOT NO.71, INDUSTRIAL AREA, KOCHUVELI THIRUVANANTHAPURAM - 695 021 REPRESENTED BY ITS MANAGING DIRECTOR.

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BY ADVS.SRI.P.K.M.HASSAN SRI.FIROZ K.ROBIN

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, POWER DEPARTMENT, GOVT.OF KERALA THIRUVANANTHAPURAM.

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2. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY.

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3. SPECIAL OFFICER (REVENUE) VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.

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R1 BY GOVERNMENT PLEADER SRI.P.M.SANEER R.2 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB R2&3 BY ADVS. SRI.P.SANTHALINGAM, SC, KSEB

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SRI. ASOK M.CHERIYAN, SC, KSEB

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SRI.PULIKOOL ABUBACKER, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12698 of 2005 (J)

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APPENDIX

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PETITIONERS' EXHIBITS

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EXT.P1	COPY OF THE PROCEEDINGS DATED 3.6.1994 DEMANDING A TOTAL AMOUNT OF RS.1,87,925/-.
EXT.P1(A)	COPY OF THE DEMAND DATED 3.6.1994 DEMANDING A TOTAL AMOUNT OF RS.1,87,925/-.
EXT.P2	COPY OF THE REPRESENTATION DATED 14.6.1994 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXT.P3	COPY OF THE JUDGMENT DATED 23.6.1994 IN O.P. NO.8269/1994
EXT.P4	COPY OF THE APPEAL DATED 1.11.1994 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P5	COPY OF THE ORDER DATED 15.4.2004 PASSED BY THE 2ND RESPONDENT.
EXT.P6	COPY OF THE JUDGMENT DATED 16.12.2004 IN W.A. NO.2276/2004.
EXT.P7	COPY OF THE ORDER DATED 2.3.2005 PASSED BY THE 1ST RESPONDENT.
EXT.P8	COPY OF THE DEMAND DATED 5.4.2005 ISSUED BY THE 3RD RESPONDENT.
EXT.P9	COPY OF THE LETTER DATED 19.11.2013 SETTLEMENT OF ARREARS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXT.P10	COPY OF THE REPRESENTATION / REPLY DATED 31.12.2013 FILED BY THE PETITIONER BEFORE THE 3RD RESPONENT.
EXT.P11	COPY OF THE PROCEEDINGS DATED 23.1.2014 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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RESPONDENTS EXHIBITS

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EXT.R2(A)	COPY OF THE LETTER DTD.20/5/91 ISSUED BY EXE.ENGINEER (KSEB), TMR DIVISION, THIRUMALA TO THE ASST.EXE.ENGINEER, ELE.MAJOR SEC, BRANCH.
EXT.R2(B)	COPY OF THE LETER DATED 31.3.92 ISSUED BY EXE.ENGINEER KSEB, TMR DIVISION, PUNNAKKAKUGAL, THIRUMALA TO THE ASST.EXE.ENGINEER, ELECTRICAL MAJOR SECTION, BEACH, TRIVANDRUM
EXT.R2(C)	COPY OF THE LETTER DTD 30.4.94 FROM THE ASST.EXE.ENGINEER, ELECTRICAL MAJOR SECTION, BEACH TO THE SPECIAL OFFICER REVENUE, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM.
EXT.R2(D)	COPY OF THE JUDGMENT IN W A NO.819/1994 IN THE HIGH COURT OF KERALA. /TRUE COPY/
	P. A. TO JUDGE

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C.K. ABDUL REHIM, J. -----------------------------------W.P.(C). No. 12698 of 2005

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Dated this the 5^th day of June, 2014

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JUDGMENT

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Eventhough challenge was raised against Ext.P1 and

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P1(a) invoices, as well as against Exts.P7 and P8 to a certain extent, it is now brought to notice of this court through documents produced along with I.A. No.4840/2014 that the petitioner was allowed to settle payment of the arrears under the 'One Time Settlement Scheme' as per Exts.P10 and P11. Learned counsel for the petitioner submits that the entire arrears was paid as per Exts.P10 and P11 on 27.03.2014. As such the impugned demand does not survives at present. But the petitioner contended that in Ext.P7 proceedings issued by the State Government it was found that the petitioner is entitled to get refund of an amount of `4,00,000/-. It is complained that, despite such findings contained in Ext.P7 the Board has repeated the demands without giving credit to the amount found as due for refund. Hence it is contended that the 2^nd respondent Board is liable to make refund of the amount ordered by the Government.

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W.P.(C). No. 12698 of 2005

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-2-

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Heard; counsel for the petitioner and Senior standing counsel appearing for the 2^nd respondent Board. Since challenge against the impugned demand does not survive in view of payment effected in accordance with the 'One Time Settlement Scheme' the remaining issue is only with respect to payment of amount found liable for refund in Ext.P7 proceedings. It is for respondents 2 and 3 to consider the findings contained in Ext.P7 and to take appropriate consequential steps. Interest of justice will be achieved by directing respondents 2 and 3 to take appropriate steps without any further delay.

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Therefore, while dismissing this writ petition finding that the challenges has become infructuous, direction is issued to respondents 2 and 3 to take appropriate steps on the basis of Ext.P7 proceedings without any further delay, at any rate within a period of 2 months from the date of receipt of a copy of this judgment.

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Sd/-

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C.K. ABDUL REHIM, JUDGE

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Prima Agro Products Limited v. State of Kerala

Case brief

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Prima Agro Products Limited v. State of Kerala

Case brief

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