Kavitha Sudhakaran vs The Managing Director
2023 Latest Caselaw 5838 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                        WP(C) NO. 42831 OF 2022
PETITIONER:

          KAVITHA SUDHAKARAN,
          AGED 52 YEARS
          W/O SUDHAKARAN, VATTAMPARAMBIL HOUSE, JAI NAGAR,
          POONKUNNAM P.O., THRISSUR- 680002.
          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- 680003.
    2     THE GENERAL MANAGER,
          DISTRICT INDUSTRIES CENTRE, THRISSUR P.O., THRISSUR -
          680003.
OTHER PRESENT:

          VIDYA KURIAKOSE (GP)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.42831 of 2022
                                     2

                        P.V.KUNHIKRISHNAN, J.
                       ------------------------------
                      W.P.(C).No. 42831 of 2022
               ----------------------------------------------
                Dated this the 24th day of May, 2023



                             JUDGMENT

This 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, P20 and set aside the same;

ii) Issue a writ in the nature of mandamus or nay such other direction or orders commanding the 1st 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 & P20.

2. After issuing Ext.P20 communication, an order

is passed by the 2nd respondent as per proceedings

No.DICTSR/11/2022-B5 dated 03.08.2022. The learned

Government Pleader submitted that the petitioner can WP(C)No.42831 of 2022

challenge that order by filing an appeal before the

appellate authority, if she is aggrieved by the same. If

that is the case, the petitioner can be allowed to agitate

the same before the appellate authority by filing

appropriate appeal.

Therefore this writ petition is disposed of with the

the following directions:

(i) the petitioner is free to challenge the order

bearing No.DICTSR/11/2022-B5 dated

03.08.2022 before the appellate authority within

three weeks from the date of receipt of a certified

copy of the judgment before the appellate

authority.

(ii) If such an appeal is received, the appellate

authority will consider the same and pass

appropriate orders in accordance to law.

Sd/-

P.V KUNHIKRISHNAN

JUDGE AP WP(C)No.42831 of 2022

APPENDIX OF WP(C) 42831/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS DATED 17.3.2017 FILE NO.B3 5/2016 .

Exhibit P2 TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER DATED 3.8.2021 .

Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE FROM THE DEPARTMENT OF FACTORIES AND BOILERS DATED 2.7.2020.

Exhibit P4 TRUE COPY OF THE FSSAI REGISTRATION DATED 28.8.20.

Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO OPERATE DATED 26.9.2019. Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED 8.2.2021 FROM THE DISTRICT OFFICER.

Exhibit P7 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 16.3.2018.

Exhibit P8 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 17.8.2016 Exhibit P9 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 10.8.2021.

Exhibit P10 TRUE COPY OF THE REPLY SUBMITTED BY PETITIONER DATED 26.11.2021 . Exhibit P11 TRUE COPY OF THE REQUEST SUBMITTED BY PETITIONER DATED NIL.

Exhibit P12 TRUE COPY OF THE REPLY RECEIVED DATED 4.12.2021 .

Exhibit P13 TRUE COPY OF THE REPLY SUBMITTED BY PETITIONER DATED NIL.

Exhibit P14 TRUE COPY OF THE COUNTER AFFIDAVIT OF THE 2ND RESPONDENT DATED 22.3.2022.

Exhibit P15 TRUE COPY OF THE REPLY AFFIDAVIT DATED 18.5.2022 .

Exhibit P16 TRUE EXTRACT OF THE APPLICATION UPLOADED MISTAKENLY DATED NIL.

Exhibit P17 TRUE EXTRACT OF THE CORRECTED APPLICATION UPLOADED AFTER RECTIFYING THE DEFECTS ON 5.6.2022.

Exhibit P18 TRUE COPY OF THE JUDGMENT DATED 27.05.2022 IN WP(C) NO. 30764/2021.

Exhibit P19 TRUE COPY OF THE MINUTES OF THE MEETING DATED 23.06.2022 .

Exhibit P20 TRUE COPY OF THE COMMUNICATION DATED 06.07.2022