Citation : 2021 Latest Caselaw 21085 Ker
Judgement Date : 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(C) NO. 22331 OF 2021
PETITIONER:
S.S. JAYARAJ
AGED 65 YEARS
S/O. CHITHARANNIYA,
SREEVILASAM,RAJAKUMARI SOUTH. P.O.,
IDUKKI DISTRICT, PIN-685 619
BY ADV N.P.PRAJEESH
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
INDUSTRIAL DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 THE COMMISSIONER,
INDUSTRIES DEVELOPMENT COMMISSIONERATE,
INDUSTRIES AND COMMERCE,
THIRUVANANTHAPURAM,PIN-695 001
3 THE GENERAL MANAGER,
DISTRICT INDUSTRIAL ESTATE,
IDUKKI COLONY P.O., CHERUTHONI,
IDUKKI DISTRICT,PIN-685 602
OTHER PRESENT:
SMT. K AMMINIKUTTY - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22331 OF 2021
2
JUDGMENT
The petitioner singularly seeks that the 3 rd respondent -
General Manager of the District Industrial Center, be directed
to take up Exts.P7 and P9 representations of hers and dispose
them of, after adverting to Ext.P6 proceedings, which had
been issued in favour of a person identically situated.
2. The learned Senior Government Pleader - Smt.
K.Amminikutty, submitted that if the petitioner only requires
Exts.P7 and P9 to be taken up and disposed of by the 3 rd
respondent, there does not appear to be any legal impediment
in doing so; however, praying that this Court may not make
any affirmative declarations in favour of the petitioner in this
judgment and leave it to the said authority to take an apposite
decision as per law.
Taking note of the afore submissions, I allow this writ
petition, directing the 3rd respondent to take up Exts. P7 and
P9 applications of the petitioner and dispose of the same,
after affording an opportunity of being heard to her, as
expeditiously as is possible, but not later than one month WP(C) NO. 22331 OF 2021
from the date of receipt of a copy of this judgment.
Needless to say, while the afore exercise is completed,
the 3rd respondent will advert to Ext.P6, which is stated to be
the proceedings issued in favour of a similarly situated person
and his consideration of the same shall be reflected in the
resultant order.
Sd/-
DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 22331 OF 2021
APPENDIX OF WP(C) 22331/2021
PETITIONER EXHIBITS
Exhibit P1 PHOTOCOPY OF THE COMMUNICATION FROM THE OFFICE OF THE 3RD RESPONDENT DATED 17.03.2021
Exhibit P2 PHOTOCOPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT DATED 04.04.2021
Exhibit P3 PHOTOCOPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 20.04.2021
Exhibit P4 PHOTOCOPY OF THE INFORMATION FROM THE STATE PUBLIC INFORMATION OFFICER & MANAGER (E I) UNDER THE RIGHT TO INFORMATION ACT, DATED 17.05.2021
Exhibit P5 PHOTOCOPY OF THE APPEAL FILED BY THE PETITIONER DATED 11.06.2021
Exhibit P6 PHOTOCOPY OF THE INFORMATION ISSUED BY THE 3RD RESPONDENT DATED 13.07.2021
Exhibit P7 PHOTOCOPY OF THE REQUEST SEND BY THE PETITIONER TO THE 3RD RESPONDENT, DATED 12.08.2021
Exhibit P8 PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT
Exhibit P9 PHOTOCOPY OF THE REQUEST SENT BY THE PETITIONER TO THE 3RD RESPONDENT,DATED 29.08.2021
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