K.B.Sugathan vs The Secretary
2022 Latest Caselaw 5666 Ker

WP(C) NO. 1644 OF 2013                        1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                               WP(C) NO. 1644 OF 2013
PETITIONER/S:
          K.B.SUGATHAN(PRESIDENT)
          AGED 55 YEARS
          TRIVENI CHARITABLE SOCIETY, KALIKKALAYYATH, PATTOOR
          PO, PADANILAM, NOORANAD, ALAPPUZHA DISTRICT

               BY ADV SRI.S.CHANDRASENAN


RESPONDENT/S:
    1     THE SECRETARY
          KERALA KHADI & VILLAGE INDUSTRIES BOARD
          THIRUVANANTHAPURAM, PIN - 695 001

      2        THE PROJECT OFFICER
               DISTRTICT KHADI& VILLAGE INDUSTRIES, OFFICE OF THE
               DISTRICT KHADI& VILLAGE INDUSTRIES, ALLAPPUZHA PIN-
               690 529

      3        STATE OF KERALA
               REP. BY SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT
               OF KERALA, THIRUVANANTHAPURAM-695 001

               BY ADV SRI.TOM K.THOMAS, SC KERALA KHADI & VILLAGE
               INDUSTRIES B


OTHER PRESENT:
          SMT.DEEPA NARAYANAN, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.05.2022,         THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 1644 OF 2013                      2




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No. 1644 of 2013
                     --------------------------------------
                 Dated this the 27th day of May, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"i) Call for records leading to Ext.P5 and issue a writ of certiorari and quash the same.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent No.1 to release the document already pledged for availing the loan, since the loan amount with interest has already been remitted.

iii) Issue such other writ, order or direction which this Hon'ble Court deems fit on the facts and circumstances of this case.

iv) Issue interim order that is requested in this writ petition.

v) Grant cost of the proceedings." [SIC]

2. The petitioner is the President of Triveni Charitable

Society. The petitioner who was the President at that time,

applied for a loan of Rs.1,16,000/- for the Society. Though the

loan was sanctioned, the Society availed only the Capital

Expenditure Loan of Rs.66,000/-. Working Capital Loan of Rs.

50,000/- was not availed. The loan was availed by pledging the

property belonging to the society. It is the case of the

petitioner that with the approval of respondent Nos. 1 and 2,

the society remitted the availed loan of Rs.66,000/- and the

interest thereon as one time settlement. According to the

petitioner, this was after making a request to exempt the penal

interest. It is further stated that the petitioner has requested

for release of the documents that are pledged before the 1 st

respondent for loan. This request was recommended by the

Project Officer also as evident by Ext.P4. But, thereafter,

Ext.P5 was issued to recover the penal interests. Hence,this

writ petition is filed.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. When this writ petition came up for consideration,

this Court stayed all further proceedings consequent to Ext.P5

demand. The interim order is in force even now. If the

petitioner has got any grievance against Ext.P5, the petitioner

is free to submit a representation before the 2 nd respondent. If

such a representation is filed, the 2 nd respondent can be

directed to consider the same in accordance to law. The

interim order can continue till final order is passed in the

representation.

Therefore,this writ petition is disposed of with the

following directions :

1) The petitioner is free to file a representation narrating his

grievance against Ext.P5 before the 2nd respondent within

one month from the date of receipt of a copy of this

judgment.

2) Once such a representation is received, the 2 nd

respondent will consider that representation taking into

consideration Ext.P4 also as expeditiously as possible, at

any rate, within two months from the date of receipt of

the representation.

3) Before passing final orders, the 2 nd respondent will give

an opportunity of hearing to the petitioner.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX

PETITIONER'S EXHIBITS :

EXT.P1        THE TRUE COPY OF THE BYLAW

EXT.P2        THE TRUE COPY OF THE LETTER 24.6.2009

EXT.P3 TRUE              COPY   OF   THE       CHALAN   RECEIPT   DATED
29.9.2009

EXT.P4        TRUE COPY OF THE LETTER DATED 26.4.2010

EXT.P5        TRUE COPY OF THE LETTER DATED 1.1.2013.

RESPONDENT'S EXHIBITS                :     NIL