Syed Babu vs Kerala State Financial Enterprises Ltd

P.V. Kunhikrishnan,J

This writ petition is filed with following prayers:

i. To issue a writ of mandamus, or any appropriate writ or direction directing the 2nd respondent to reconsider the OTS offer after hearing the petitioners or their representatives with reference to requests made in Exhibit P3 representation, within time limit fixed by this Hon'ble Court;

ii. To issue a writ of mandamus, or any appropriate writ or direction directing the respondent 1 to 4 to give statement of accounts of loans and chitties mentioned in Exhibit P2 before reconsidering the OTS facility as requested in Exhibit P3 representation, within time limit fixed by this Hon'ble Court:

iii. To issue a writ of mandamus, or any appropriate writ or direction directing the respondent I to 4 to keep in abeyance the revenue recovery proceeding against the property of the petitioners till the disposal of Exhibit P3 representation, within time limit fixed by this Hon'ble Court;

iv. Dispense with the filing of English translation of Exhibits in vernacular, v. Such other Writ, Orders or Directions deem fit on facts and in the interest of justice.

(SIC)

When this writ petition came up for consideration, the counsel for the petitioners submitted that the petitioners will be satisfied if a direction is issued to the 2nd respondent to consider Ext.P3 within a time frame.

Heard   the   learned   Standing   Counsel   for respondents 1 to 3 and the learned Government Pleader also.

After hearing both sides, I think this writ petition itself can be disposed of directing the 2nd respondent or the authorised officer to consider Ext.P3 within a time frame. Therefore, this writ petition is disposed of in the following manner:

The 2nd respondent or the authorised officer deputed by the 2nd respondent is directed to consider and pass appropriate orders in Ext.P3, after affording an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within one month from the date of receipt of a stamped certified copy of this judgment.

Before giving hearing notice, the statement of accounts should be served to the petitioners by the 3rd respondent.

Till final orders are passed as directed above, recovery proceedings against the petitioners shall be deferred.

The petitioners will produce a stamped certified copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance.