Goodwill Power Company Pvt. Ltd vs State Of Kerala
2023 Latest Caselaw 10800 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                       WP(C) NO. 13034 OF 2021
PETITIONER:

          GOODWILL POWER COMPANY PVT. LTD., 41/1929-A,
          BANERJI RAOD, ERNAKULAM NORTH, KOCHI 682 018,
          REP. BY ITS MANAGING DIRECTOR, JOSEPH.P.KURIAN,
          AGED 79, S/O.P.J. JOSEPH, 41/1929-A, BANERJI ROAD,
          ERNAKULAM NORTH, KOCHI 682 018

          BY ADV PRAVEEN K. JOY


RESPONDENTS:

    1     STATE OF KERALA, REP. BY ITS SECRETARY,
          DEPARTMENT OF SCHEDULED CASTE, SCHEDULED
          TRIBE SECRETARIAT, TRIVANDRUM 695 001

    2     THE SECRETARY, SCHEDULED TRIBES DEVELOPMENT
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          TRIVANDRUM 695 001

    3     THE DIRECTOR, SCHEDULED TRIBES DEVELOPMENT
          DEPARTMENT, 4TH FLOOR, VIKAS BHAVAN,
          TRIVANDRUM 695 001

    4     THE DIRECTOR, M/S.KITCO LTD. PB NO.1820,
          MG ROAD, RAVIPURAM, COCHIN 682 015


          SRI. RAJEEV JYOTHISH GEORGE - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13034/21
                                      2

                           JUDGMENT

When this matter was called today, the learned counsel for

the petitioner - Sri.Praveen K. Joy, submitted that, in view of

Ext.P20 letter received by his client, it now clears the way for this

Court to direct the 2nd respondent - Secretary, to consider Ext.P19.

He added that, as evident from Ext.P20, his client has already been

informed by the 2nd respondent that, if they obtain a 'No Objection

Certificate' (NOC), from the 3rd respondent, their claims can be

considered.

2. Sri.Rajeev Jyothish George - learned Government

Pleader, affirmed the afore.

In such circumstances, I allow this Writ Petition and direct

the 2nd respondent to take up Ext.P19 representation of the

petitioner and dispose it of, after affording their authorised official

an opportunity of being heard; thus culminating in an appropriate

order and necessary action thereon, within a period of three weeks

from the date on which they produce the requisite 'NOC' from the

3rd respondent.

WPC 13034/21

Needless to say, if, through the afore exercise, any amounts

are found due to the petitioner, same shall be disbursed to them

within a period of one month thereafter.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                             JUDGE
 WPC 13034/21


                APPENDIX OF WP(C) 13034/2021

PETITIONER EXHIBITS
Exhibit P20         TRUE COPY OF THE LETTER DATED 09.07.2021

ISSUED BY THE DEPUTY DIRECTOR EDUCATION. Exhibit P2 THE TRUE COPY OF THE ORDER DATED 14.10.10 OF 3RD RESPONDENT Exhibit P3 THE TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 11.3.2011 Exhibit P1 THE TRUE COPY OF THE ORDER DATED 31.7.10 OF 3RD RESPONDENT Exhibit P4 THE TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 14.12.2010 Exhibit P5 THE TRUE PHOTOCOPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 29.5.2012 WITH COPY TO 3RD RESPONDENT Exhibit P6 THE TRUE PHOTOCOPY OF THE LETTER GIVEN BY THE PETITIONER TO THE 4TH RESPONDENT DATED 24.12.12 Exhibit P7 THE TRUE PHOTOCOPY OF THE LETTER GIVEN BY THE PETITIONER TO THE 4TH RESPONDENT DATED 11.4.2013 Exhibit P8 THE TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 28.4.2017 Exhibit P9 THE TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AND 4TH RESPONDENT DATED 23.5.2017 Exhibit P18 THE TRUE PHOTOCOPY OF THE ORDER DATED 6.5.2021 Exhibit P11 THE TRUE PHOTOCOPY OF THE LETTER DATED 21.10.17 SUBMITTED TO THE 4TH RESPONDENT Exhibit P12 THE TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 15.1.2018 Exhibit P13 THE TRUE PHOTOCOPY OF THE LETTER GIVEN TO THE 4TH RESPONDENT DATED 1.2.2018 Exhibit P14 THE TRUE PHOTOCOPY OF THE REQUEST SUBMITTED TO THE 3RD RESPONDENT DATED 20.12.2018 Exhibit P15 THE TRUE PHOTOCOPY OF THE LETTER DATED 16.4.2019 GIVEN TO THE 3RD RESPONDENT Exhibit P16 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WPC WPC 13034/21

27838/20 DATED 14.12.202 OF THIS HON'BLE COURT Exhibit P17 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 18.3.2021 BEFORE THE 3RD RESPONDENT Exhibit P19 THE TRUE COPY OF THE APPEAL PETITION BEFORE THE 1ST RESPONDENT DATED 5.6.2021 Exhibit P10 THE TRUE PHOTOCOPY OF THE LETTER DATED 14.10.2017 SUBMITTED TO THE 4TH RESPONDENT