Kavitha Sudhakaran vs The Managing Director, Thrissur ...
2022 Latest Caselaw 5736 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                        WP(C) NO. 30764 OF 2021
PETITIONER:

           KAVITHA SUDHAKARAN,
           AGED 51 YEARS
           W/O.SUDHAKARAN, VATTAMPARAMBIL HOUSE, JAI NAGAR,
           POONKUNNAM P.O., THRISSUR-680 002.
           BY ADVS.
           I.DINESH MENON
           L.RAJESH NARAYAN


RESPONDENTS:

    1      THE MANAGING DIRECTOR, THRISSUR DISTRICT MINI
           INDUSTRIAL ESTATE COOPERATIVE SOCIETY LTD.NO.S.IND
           (R) 240, DISTRICT INDUSTRIES CENTRE, ROOM NO.28,
           THRISSUR-680 003.
    2      THE GENERAL MANAGER, DISTRICT INDUSTIRES CENTRE,
           THRISSUR-680 003.
           BY ADVS.
           P.RAMAKRISHNAN
           ADVOCATE GENERAL OFFICE KERALA
           PREETHI RAMAKRISHNAN (P-212)
           T.C.KRISHNA
           C.ANIL KUMAR
           ASHA K.SHENOY
           PRATAP ABRAHAM VARGHESE
           SMT.DEEPA NARAYANAN, SENIOR G.P.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30764 OF 2021
                                 2


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 30764 of 2021
      ----------------------------------------------
        Dated this the 27th day of May, 2022


                          JUDGMENT

The above writ petition is filed with the following prayers:

"(i) issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading upto Exts.P10, P12 and set aside the same;

(ii) issue a writ in the nature of mandamus or any such other direction or orders commanding the 1 st respondent to initiate action on Exts.P9, P11 and P13;

(iii) issue a writ in the nature of mandamus or any such other direction or orders commanding the respondents to initiate steps for grant of subsidy dehors the requirements in Exts.P10, P12;

(iv) Issue any such other writ, appropriate order or direction as this Hon'ble Court may deems fit and proper considering the facts and circumstances of the case."[SIC]

2. When this writ petition came up for

consideration, the learned Government Pleader

submitted that the petitioner has not cured certain

defects in the application submitted for grant of subsidy.

WP(C) NO. 30764 OF 2021

The Government Pleader takes me through paragraph 4

of the counter affidavit filed by the 2nd respondent. The

counsel for the petitioner submitted that the defects are

cured and the cured application is submitted along with

the documents. It will be better to extract paragraph 4

of the counter affidavit filed by the 2nd respondent.

"4. It is submitted that the 2nd respondent is oblied to follow the guideline of the scheme ESS vide G.O.(MS)N.156/2012/ID, Dated: 28/12/2012. The defect of the application, as per guideline, is intimated to the petitioner directly in a hearing and also in writing. The 2nd respondent has not denied any right of the petitioner, but has given the petitioner an opportunity of being heard. The 2nd respondent can proceed further with the application if the defects are rectified in time. The 2nd respondent has intimated the petitioner, to rectify defects of the application only and has not directed to furnish any affidavit contrary to facts."

3. In the light of the above affidavit and the

submission of the counsel for the petitioner that the

defects are cured, there can be a direction to the

authority concerned to consider the defect cured

application in accordance to law. WP(C) NO. 30764 OF 2021

Therefore this writ petition is disposed of in the

following manner:

i. If the petitioner cured the defects in accordance

to the G.O.(MS)No.156/2012/ID, dated 28.12.2012,

the 2nd respondent will consider the application and

pass appropriate orders in it in accordance to law, as

expeditiously as possible, at any rate, within a period

of six weeks from the date of receipt of a copy of this

judgment.

ii. Before passing final order, the 2nd respondent will

give an opportunity of hearing to the petitioner.

Sd/-

                                        P.V.KUNHIKRISHNAN
DM                                              JUDGE
 WP(C) NO. 30764 OF 2021


               APPENDIX OF WP(C) 30764/2021

PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF THE PROCEEDINGS           DATED
                    17.03.217 FILE NO.B3 5/2016.
EXHIBIT P2          TRUE COPY OF   THE LICENSE      ISSUED BY
                    CHAVAKKAD      MUNICIPALITY          DATED
                    03.08.2021.
EXHIBIT P3          TRUE    COPY   OF    THE    REGISTRATION

CERTIFICATE FROM THE DEPARTMENT OF FACTORIES AND BOILERS DATED 02.07.2020.

EXHIBIT P4 TRUE COPY OF THE FSSAI REGISTRATION DATED 28.08.20.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO OPERATE DATED 26.09.2019. EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 08.02.2021 FROM THE DISTRICT OFFICE, GROUND WATER DEPARTMENT.

EXHIBIT P7 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 16.03.2018. EXHIBIT P8 TRUE COPY OF THE REQUEST TO 1ST RESPONDENT DATED 17.08.2016.

EXHIBIT P9 TRUE COPY OF THE REQUEST TO 1ST RESPONDENT DATED 10.08.2021.

EXHIBIT P10 TRUE COPY OF THE REPLY OF THE FIRST RESPONDENT DATED 26.11.2021.

EXHIBIT P11 TRUE COPY OF THE REQUEST TO 1ST RESPONDENT DATED NIL.

EXHIBIT P12 TRUE COPY OF THE REPLY OF 1ST RESPONDENT DATED 04.12.2021.

EXHIBIT P13 TRUE COPY OF THE REPLY OF PETITIONER TO 1ST RESPONDENT DATED NIL.

RESPONDENTS EXHIBITS : NIL

              //TRUE COPY//         PA TO JUDGE