Shyma.V vs The Chairman And Managing ...
2021 Latest Caselaw 11055 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.7113 OF 2021(L)


PETITIONER:

               SHYMA.V,
               AGED 48 YEARS,
               W/O.PRETHUMNAN MOODATTU, 15/445, KRISHNAPURI,
               OZHAYADI, MLA ROAD, KUNNAMANGALAM P.O.,
               KOZHIKODE-673 571.

               BY ADVS.
               SRI.T.G.RAJENDRAN
               SRI.T.R.TARIN

RESPONDENTS:

      1        THE CHAIRMAN AND MANAGING DIRECTOR,
               SUPPLYCO, MAVELI BHAVAN, GANDHI NAGAR,
               KOCHI-682 020.

      2        THE DEPOT MANAGER,
               KERALA STATE CIVIL SUPPLIES CORPORATION,
               SUPPLYCO DEPOT, BEYPORE NORTH, KOZHIKODE-673 015.

      3        CIVIL SUPPLIES CORPORATION,
               REPRESENTED BY THE MANAGER, KOZHIKODE REGION,
               KOZHIKODE-673 015.

      4        THE MANAGER,
               NFSA, SUPPLYCO, BEYPORE NORTH, KOZHIKODE-673 015.

               BY ADV. SMT.MOLLY JACOB, SC, SUPPLYCO

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7113 OF 2021(L)

                                    2




                               JUDGMENT

The petitioner claims to be a women

entrepreneur. It is stated that on the basis

of the notice dated 11.06.2018 issued by the

Supplyco, petitioner had submitted an

application for construction of a scientific

godown.

2. It is stated that on information

regarding the acceptance of the petitioner's

application, petitioner got a building

permit from the Panchayat after getting

requisite land on lease; got No Objection

Certificate from the Fire and Rescue

department; submitted application for permit

from the KSEB. But the respondents are not

permitting execution of agreement for

construction of the godown. It is stated WP(C).No.7113 OF 2021(L)

that in the meanwhile, the 2nd respondent had

issued Ext.P5 stop memo on 10.11.2020 and on

the basis of the request made by the

petitioner before the Managing Director, the

stop memo has been withdrawn. But even then,

agreement could not be executed so far.

3. The learned Standing Counsel for the

Civil Supplies Corporation points out that

petitioner has not submitted any

representation before the 1st respondent,

seeking orders for execution of agreement.

In the above circumstances,

petitioner would be free to submit a

representation before the 1st respondent

pointing out the work already executed

pursuant to her selection. In case,

petitioner submits such a representation

within a period of two weeks from the date WP(C).No.7113 OF 2021(L)

of receipt of a copy of the judgment, the

1st respondent shall consider the same and

pass orders on the same, within a further

period of six weeks.

Accordingly, the writ petition is

disposed of.

Sd/-

P.V.ASHA JUDGE ww WP(C).No.7113 OF 2021(L)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 28.10.2020.

EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22.10.2020.

EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 3.11.2020.

EXHIBIT P5 TRUE COPY OF THE STOP MEMO ISSUED BY THE NFSA MANAGER DATED 10.11.2020.

EXHIBIT P6 COPY OF THE LETTER SENT BY THE PETITIONER TO THE MINISTER DATED 9.12.2020.

EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE CHAIRMAN AND MANAGING DIRECTOR, SUPPLYCO DATED 23.12.2020.

EXHIBIT P8 TRUE COPY OF THE LETTER ISSUED BY THE NFSA MANAGER, SUPPLY CO, GANDHI NAGAR, KOCHI DATED 11.1.2021.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.NFSA 8-29184/18 DATED 24.2.2021 ISSUED BY THE MANAGER, NFSA.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 1.3.2021.