Jayalekshmi K. vs State Of Kerala
2021 Latest Caselaw 9094 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                       WP(C).No.1324 OF 2020(M)

PETITIONERS:

      1        JAYALEKSHMI K., AGED 46 YEARS
               W/O. S.UNNIKRISHNAN, WAITER, HOTEL CHAITHRAM,
               THAMPANOOR, THIRUVANANTHAPURAM-695 001,
               RESIDING AT THACHAMAN, NEAR CHRIST NAGAR PUBLIC
               SCHOOL, MARANALLOOR, KOOVALASSERY P.O.,
               THIRUVANANTHAPURAM-695 512.

      2        K.GIRIPRASAD, S/O. V.P.KRISHNAN NAIR, PLUMBER,
               MASCOT HOTEL, KTDC LTD., THIRUVANANTHAPURAM,
               CHETTAZHIMELE VEEDU, KALLAYAM P.O.,
               THIRUVANANTHAPURAM-695 043.

               BY ADVS.
               SRI.KALEESWARAM RAJ
               SRI.VARUN C.VIJAY
               KUM.A.ARUNA
               KUM.THULASI K. RAJ
               SMT.MAITREYI SACHIDANANDA HEGDE

RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY SECRETARY TO
               GOVERNMENT, DEPARTMENT OF TOURISM, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        KERALA TOURISM DEVELOPMENT CORPORATION LTD.
               REPRESENTED BY MANAGING DIRECTOR, MASCOT SQUARE,
               THIRUVANANTHAPURAM-695 033.

      3        MANAGING DIRECTOR, KERALA TOURISM DEVELOPMENT
               CORPORATION LTD., MASCOT SQUARE,
               THIRUVANANTHAPURAM-695 033.

               BY ADVS
               SRI.P.A.AHAMED, SC, KTDC LTD.
               SRI.THOUFEEK AHAMED
               SRI.SUNIL KUMAR KURIAKOSE -GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 1324/20
                                             2



                                      JUDGMENT

When this matter was called today, the

learned counsel on either side are ad idem

that the order impugned in this Writ Petition,

namely Ext.P3, has already been noticed by

this Court in another Writ Petition, namely

W.P.(C)No.668/2020 and has been struck down to

the extent to which it related to the

petitioner therein.

2. I have examined the judgment in

W.P(C)No.668/2020 and it is indubitable that

the order set aside therein is the same as

Ext.P3 in this Writ Petition. I am, therefore,

of the view that the observations and holdings

of this Court in the said judgment must apply

to the petitioners herein also.

In the afore circumstances, I allow this

Writ Petition, following the holdings and

conclusions in the judgment in W.P.

(C)No.668/2020; and consequently, set aside WPC 1324/20

Ext.P3 to the extent to which it relates to

the petitioners herein, resultantly directing

the Government to reconsider their case, based

on the recommendations made by the Managing

Director of the Kerala Tourism Development

Corporation, namely Ext.R2(a), thus leading to

an appropriate order thereon, as expeditiously

as is possible, but not later than two months

from the date of receipt of a copy of this

judgment.

Sd/-

                                 DEVAN RAMACHANDRAN
       RR                              JUDGE
 WPC 1324/20




                               APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 4.3.2015 IN WPC NO.21965 OF 2011 AND CONNECTED CASES.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.KTDC/PA6/RECON/2015 DATED 10.4.2015 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE GO(MS) NO.20/2019/TOURISM DATED 5.11.2019.

RESPONDENTS' EXTS:

EXT.R2(A) TRUE COPY OF LETTER NO.KTDC/PA6/GC/2016 DATED 17.08.2016 ISSUED BY 3RD RESPONDENT