IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31234 of 2009(Y)
1. V.N.SASANKAN NAIR, S/O.NARAYANAN NAIR,
... Petitioner
Vs
1. THE KERALA STATE CIVIL SUPPLIES
... Respondent
2. THE MANAGING DIRECTOR,
3. THE JUNIOR MANAGER,
For Petitioner :SRI.C.S.MANILAL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :05/11/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.31234 of 2009
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Dated, this the 5th day of November, 2009
J U D G M E N T
The petitioner has approached this Court aggrieved by Ext.P1
order dated 22/09/2009, by which, he has been called upon to
remit an amount of Rs.65,405.68. It is stated that thereupon he has
filed Ext.P2 representation before the 2nd respondent, and that the
matter is pending consideration. According to him, in the
meanwhile, there is threat of recovery pursuant to Ext.P1, and it is
therefore, this writ petition is filed.
2. The learned standing counsel has entered appearance on
behalf of respondents 1 & 2. On instructions, he submit that Ext.P1
issued by the 3rd respondent is intended only as a show cause
notice, and that in response thereof, the petitioner has already
submitted his explanation. It is stated that the matter will be
considered and a final decision thereon will be taken.
3. Having regard to the submission thus made on behalf of
the respondents, I feel the apprehension of the petitioner is
WP(C) No.31234/2009
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unfounded, since Ext.P1, though capable of being understood as an
order, is treated only as a show cause notice.
4. Therefore, this writ petition is disposed of with the
following directions:-
That Ext.P1 will be treated as a show cause notice as submitted, and
the matter will be considered by the 2nd respondent, taking into
account the explanation offered by the petitioner and Ext.P2. It is
directed that until a decision is taken on Ext.P1 as directed above,
recovery pursuant to Ext.P1 shall not be effected.
The petitioner shall produce a copy of this judgment, along
with a copy of this writ petition, before the 2nd respondent for
compliance.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg