The petitioner has approached this Court with the following prayers:
“(i) To issue a Writ of certiorari or any other appropriate Writ order or direction calling for the records leading to Ext.P3 and quash the same.
(ii) To issue a Writ of mandamus or any other appropriate Writ or order or direction directing the 1st Respondent to extent the benefit of OTS scheme to the petitioner to settle the liability covered by Ext.P3 and the recovery proceedings may be deferred until the liability is discharged in terms of the OTS scheme.
(iii) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.”
2. When the matter was taken up for consideration on 27.10.2014, the following interim order was passed:
“The learned Standing Counsel for the respondent Corporation submits that the petitioner has not approached this Court with clean hands in so far as he has fabricated some documents. It is stated that the property, which was offered as security for availing financial assistance from the Corporation, was made use for creating mortgage in obtaining loan from elsewhere. The learned Standing Counsel seeks for time to file an affidavit as to the factual particulars.
Post next week.”
W.P.(C) No.27586 of 2014 2 No affidavit has been filed by the concerned respondent so far.
3. The learned counsel for the petitioner submits that, in respect of the alleged offence, a case has been registered at the instance of the KFC, which is now pending before the Judicial First Class Magistrate's Court-I, Kannur as C.C. No.435 of 2010. The learned counsel further submits that, the only relief now pressed before this Court is to cause Ext.P1 representation, preferred by the petitioner for granting the benefit of 'OTS Scheme', to be considered. It is also points out that, though the said representation was preferred before the concerned Minister, the same now stands forwarded to the 1st respondent, as borne by Ext.P2.
4. This Court does not propose to make any observation with regard to the availability or eligibility of the 'OTS Scheme'. The writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P1, at the earliest, at any rate, within 'one month' from the date of production of a W.P.(C) No.27586 of 2014 3 copy of this judgment and communicate the outcome to the petitioner. It will be for the petitioner to satisfy the requirements, if any benefit is given.
Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 1st respondent, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp