Muhammed Uvaize vs The Kerala Small Industries ...
2024 Latest Caselaw 29477 Ker

Kerala High Court

Muhammed Uvaize vs The Kerala Small Industries ... on 17 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                      2024:KER:77012
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                       WP(C) NO. 36478 OF 2024

PETITIONER:

          MUHAMMED UVAIZE, AGED 40 YEARS,
          S/O. SHARAFUDHEEN, AMMANKOVIL VEEDU,
          FAREEDIYA NAGAR-49, T.K.M.C P.O,
          KOLLAM DISTRICT, PIN - 691005


          BY ADV M.AJITH (KARICODE)


RESPONDENTS:

    1     THE KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION
          HOUSING BOARD BUILDING, VITH FLOOR, SANTHI NAGAR,
          THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS MANAGING
          DIRECTOR, PIN - 695001

    2     THE CHIEF FINANCE OFFICER
          KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION,
          HOUSING BOARD BUILDING, VITH FLOOR, SANTHI NAGAR,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695001


          SRI.P.U.SHAILAJAN, SC FOR SIDCO


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                           2024:KER:77012
WP(C) NO. 36478 OF 2024

                                    2



                                JUDGMENT

The petitioner had distributed SIDCO Coconut Oil in

Kollam District during 2013-2016. For the purpose of obtaining

the dealership, the petitioner had deposited Rs.10 lakhs with the

1st respondent. Out of the Rs.10 lakhs, the 1 st respondent

debited an amount of Rs.7,34,376.50/- being the price of the

Coconut Oil supplied. The supply of Coconut Oil was stopped

by the SIDCO thereafter. Hence, the petitioner claimed the

balance amount of Rs.2,65,623/-, with interest, from the deposit

of Rs.10 lakhs made by him. The respondents having failed to

consider the request, this writ petition is filed.

2. Heard, learned counsel for the petitioner and the

learned Standing Counsel for the respondents.

3. In so far as the petitioner's representations are

pending, the respondents are bound to consider the same.

2024:KER:77012 WP(C) NO. 36478 OF 2024

The writ petition is hence disposed of, directing the

competent among the respondents to consider Exts. P6 and P7

representations, with notice to the petitioner, and pass orders

thereon within two months.

Sd/-

V.G.ARUN JUDGE msp 2024:KER:77012 WP(C) NO. 36478 OF 2024

APPENDIX OF WP(C) 36478/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LETTER PRODUCED WITH NUMBER SIDCO/TR/CO/2013-14 DATED 08.11.2013 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P2 A TRUE COPY OF THE TAX INVOICE UNDER FORM 8 DATED 01.3.2014 ISSUED FROM THE TRADING DIVISION OF KERALA SIDCO

Exhibit P3 A TRUE COPY OF THE LEDGER ACCOUNT BETWEEN 01-APRIL-2013 TO 31-MARCH-2016 ISSUED FROM THE TRADING DIVISION OF KERALA SIDCO DATED NIL

Exhibit P4 A TRUE COPY OF THE APPLICATION GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DATED 05.7.2017

Exhibit P5 A TRUE COPY OF THE REPLY 30.8.2017 ALONG WITH THE RELEVANT PAGES OF THE DOCUMENTS DATED ISSUED BY THE PUBLIC INFORMATION OFFICER TO EXT.P4

Exhibit P6 A TRUE COPY OF THE LAST REPRESENTATION SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT DATED 24.8.2024

Exhibit P7 A TRUE COPY OF THE LAST REPRESENTATION SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT DATED 24.8.2024

Exhibit P8 A TRUE COPY OF THE LETTER ISSUED FROM THE CANARA BANK, AYATHIL BRANCH SHOWING THE LIABILITIES OF PETITIONER DATED 14.10.2024