Rajesh Krishnan R vs State Of Kerala
2021 Latest Caselaw 68 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                       WP(C).No.28281 OF 2020(I)


PETITIONER:

               RAJESH KRISHNAN R.,
               AGED 40 YEARS
               S/O.RUGMINI AMMA, KANJIRATHARAYIL, CHITTOOR, PANMANA
               MANAYIL P.O., EDAPPALLYKOTTA, CHAVARA, KOLLAM

               BY ADV. SRI.B.MOHANLAL

RESPONDENTS:

      1        STATE OF KERALA
               REP.BY THE SECRETARY TO GOVERNMENT, INDUSTRIES
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001
               (THE CHAIRMAN, THE KERALA MINERALS AND METALS
               LIMITED, SANKARAMANGALAM, CHAVARA P.O., KOLLAM 691
               583)

      2        THE KERALA MINERALS AND METALS LIMITED
               SANKARAMANGALAM, CHAVARA P.O., KOLLAM 691 583, REP.BY
               ITS MANAGING DIRECTOR

      3        THE GENERAL MANAGER (P&A)
               THE KERALA MINERALS AND METALS LIMITED, (MINERAL
               SEPARATION UNIT), SANKARAMANGALAM, CHAVARA P.O.,
               KOLLAM 691 583

      4        THE LAND ACQUIRED PEOPLES ASSOCIATION
               REG NO.Q-917/88, TITANIUM COMPLEX, CHAVARA, KOLLAM
               REP.BY ITS PRESIDENT


OTHER PRESENT:

               GP- SRI. BIJOY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28281 OF 2020(I)

                                  2

                          JUDGMENT

This writ petition is filed seeking the following prayers:-

"(i) To call for the records leading to the petitioner's case from the respondents.

(ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to give appointment to the petitioner to the post of worker in Kerala Minerals and Metal Limited Chavara, Kollam, taking into consideration of the preferential category as per Ext.P1 to P3 taking into consideration of Ext.P8 issued by the 1st respondent within a stipulated time as directed by this Hon'ble Court.

(iii) To declare that the petitioner is entitled to get appointment to the post of worker in Kerala Minerals and Metal Limited, Chavara, Kollam, taking into consideration of the preferential category as per Ext.P1 to P3 taking into consideration of Ext.P8 issued by the 1st respondent.

(iv) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd respondent to consider and dispose of Ext.P7 Application in the light of the directions of the 1st respondent in Ext.P8 within a stipulated time as directed by this Hon'ble Court and to give appointment to the petitioner to the post of worker in Kerala Minerals and Metal Limited (Mineral Separation Unit), Chavara, Kollam, taking into consideration of the preferential category as per Ext.P1 to P3." WP(C).No.28281 OF 2020(I)

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel appearing for the

respondents.

3. It is submitted by the learned counsel for the

petitioner that the land belonging to the petitioner and his

family was acquired by the respondents for establishing the

2nd respondent company and that the petitioner has a

preferential right to appointment going by Exts.P1 to P3

orders. It is submitted that the petitioner's name has also

been included in the list of evictees eligible for preferential

appointment. It is submitted that the petitioner has

submitted Ext.P7 representation before the Government as

well as respondents 2 and 3 and the Government had

directed the consideration of the same in accordance with

the preferential claim of the petitioner by Ext.P8. However,

the claim has not been considered by respondents 2 and 3.

4. The learned Standing Counsel appearing for

respondents 2 and 3 submits that the representation

preferred by the petitioner will be considered in accordance WP(C).No.28281 OF 2020(I)

with law by respondents 2 and 3.

5. There will, accordingly, be a direction to the 2 nd

respondent to take up, consider and pass orders on the

representation preferred by the petitioner as evidenced from

Ext.P7 and to pass orders thereon, within a period of one

month from the date of receipt of a copy of this judgment.

Exts.P1 to P3 shall be specifically taken note of by the 2 nd

respondent while considering the representation.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/04.01.2020 WP(C).No.28281 OF 2020(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE IDENTITY CARD FOR PERSONNEL DISPLACED FROM TITANIUM PROJECT AREA DATED 15/5/1978 ISSUED BY THE SPECIAL TAHASILDAR, L.A.NO.1, MINERALS AND METALS, CHAVARA

EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION NO.TP/PD/IR-81/02 DATED 16/7/2002 OF THE COMPANY AND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COMPANY WITH THE 4TH RESPONDENT

EXHIBIT P3 THE TRUE COPY OF THE G.O.(M.S.) NO.71/2005/ID DATED 14/6/2005 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P4 THE TRUE COPY OF THE G.O.(MS) NO.74/2005/ID DATED 20.6.2005 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P5 THE TRUE COPY OF THE CALL LETTER NO.TP/PD/R-1/10/42 DATED 4/1/2011 ISSUED BY THE COMPANY TO THE PETITIONER

EXHIBIT P6 THE TRUE COPY OF THE RELEVANT PAGE OF THE EMPLOYEES ENTRY PASS OF THE PETITIONER

EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION DATED 2.6.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND

EXHIBIT P8 THE TRUE COPY OF THE ORDER NO.H3/237/20/INDUSTRIES DATED 16.11.2020 ISSUED BY THE 1ST RESPONDENT