T.K. Rajesh Kumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 WP(C).No. 4275 of 2015 (H) --------------------------- PETITIONER:
------------------- T.K. RAJESH KUMAR, MANAGING DIRECTOR, QUALIS TOOLERS & DESIGNERS PVT. LTD., PLOT NO.47, INDUSTRIAL DEVELOPMENT AREA, PERINGANDOOR, ATHANI, THRISSUR-680581, RESIDING AT KALARIKKAL HOUSE, KONIKARRA P.O., OLLUR, THRISSUR DISTRICT.
BY SRI.ABRAHAM VAKKANAL (SENIOR ADVOCATE) ADVS.SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS SRI.ABY ABRAHAM RESPONDENT(S):
-------------------------
1. STATE OF KERALA, REPRESENTED BY SECRETARY, INDUSTRIES & COMMERCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE STATE LEVEL COMMITTEE FOR STATE INVESTMENT SUBSIDY, REPRESENTED BY ITS MEMBER SECRETARY, DIRECTOR OF INDUSTRIES & COMMEMRCE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, AYYANTHOL P.O., THRISSUR-680003.
BY SENIOR GOVT. PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 4275 of 2015 (H) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- EXHIBIT P1:
TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 3RD RESPONDENT DATED 6.7.2010.
EXHIBIT P2:
TRUE COPY OF LETTER COMMUNICATING SANCTIONING AND REELEASE OF SUBSIDY DATED 13.3.2013.
EXHIBIT P3:
TRUE COPY OF SALE INVOICE DATED 12.2.2014.
EXHIBIT P4:
TRUE COPY OF REQUEST BY THE PETITIONER TO THE 3RD RESPONDENT DATED 24.2.2014.
EXHIBIT P5:
TRUE COPY OF REMINDER PETITION DATED 10.4.2014. EXHIBIT P6:
TRUE COPY OF ORDER BY THE PRINCIPAL M.C. DATED 12.5.2014 EXHIBIT P7:
TRUE COPY OF ORDER BY R3 DATED 18.10.2014.
EXHIBIT P8:
TRUE COPY OF INTERIM ORDER DATED 4.12.2014.
EXHIBIT P9:
TRUE COPY OF SHOW CAUSE NOTICE DATED 13.11.2014. EXHIBIT P10: TRUE COPY OF REPLY BY THE PETITIONER DATED 12.2.2014. EXHIBIT P11: TRUE COPY ORDER BY R3 DATED 14.1.2015. EXHIBIT P12: TRUE COPY OF APPEAL BEFORE R1 AND R2 DATED 21.1.2015. RESPONDENT(S)' EXHIBITS:
- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/
P.R. RAMACHANDRA MENON, J.
======================== W.P.(C). No. 4275 of 2015 -------------------------------------------- Dated this the 11th day of February, 2015
JUDGMENT
The petitioner has approached this Court with the following prayer:
"This Hon'ble Court may be pleased to call for the records relating to Ext.P1 to P12:
a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to dispose of Ext.P12 appeal in consultation with the 1st respondent after hearing the petitioner, within a specified time and to stay all recovery proceedings pursuant to Ext.P11 in the meanwhile."
The learned counsel for the petitioner submits that, the grievance of the petitioner has also been projected by way of Ext.P12 appeal and that the petitioner will be satisfied, if a direction is given to the 2nd respondent to have it considered and finalized within a reasonable time.
2. Heard the learned Government Pleader as well.
3. After hearing both the sides, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of, directing the 2nd respondent to consider and pass
W.P.C. No.4275 of 2015 -2appropriate orders on Ext.P12 in accordance with law, after giving an opportunity of hearing to the petitioner, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this this judgment. Steps for recovery pursuant to Ext.P11 shall be kept in abeyance till such time. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
P.R. RAMACHANDRA MENON, JUDGE.
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