Kerala High Court
Babu Sebastian vs Plantation Corporation Of Kerala Ltd on 7 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
WP(C) NO. 34 OF 2024
PETITIONER:
BABU SEBASTIAN
AGED 53 YEARS
RESIDING AT THIRUTHANATHIL HOUSE, MANJAPRA P.O.,
MARYGIRI, ERNAKULAM, PIN - 683581
BY ADVS.
P.G.JAYASHANKAR
SHAIJU GEORGE
P.K.RESHMA (KALARICKAL)
AADERSH R.S. PANICKER
S.RAJEEV (K/001711/2019)
SAJANA V.H
PUSHPAVATHI.K
RESPONDENTS:
1 PLANTATION CORPORATION OF KERALA LTD.
MUTTAMBALAM P.O., KOTTAYAM, KERALA, REPRESENTED BY
ITS MANAGING DIRECTOR, PIN - 688004
2 MANAGING DIRECTOR
PLANTATION CORPORATION OF KERALA LTD.,
MUTTAMBALAM P.O., KOTTAYAM, KERALA, PIN - 688004
3 ADDL.R3. BOARD OF DIRECTORS, PLANTATION CORPORATION OF
KERALA LTD., MUTTAMBALAM P.O., KOTTAYAM,
KERALA - 688 004, REPRESENTED BY ITS MANAGING DIRECTOR.
(IS IMPLEADED AS ADDL.3RD RESPONDENT AS PER ORDER DATED
07.02.2024 IN I.A.NO.1/2024) (NOW CORRECTED AS ADDL.R3.
BOARD OF DIRECTORS, PLANTATION CORPORATION OF KERALA
LTD., MUTTAMBALAM P.O., KOTTAYAM, KERALA - 688 004,
REPRESENTED BY ITS CHAIRMAN AS PER ORDER DATED
07.02.2024 IN I.A. NO.4/2024)
WP(C) NO.34 OF 2024
2
BY ADV.
SRI BS SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.34 OF 2024
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No.34 of 2024
-------------------------------------
Dated this the 07th day of February, 2024
JUDGMENT
The above writ petition is filed with the
following prayers;
"I. Call for the records leading to the issuance
of the Ext.P5 and quash the same by way of writ
of certiorari or any other appropriate writ,
direction, or order;
II. Issue a writ of mandamus or any other
appropriate writ, direction or order commanding
the 1st respondent to take appropriate action on
Ext.P6 within a time frame to be fixed by this
Hon'ble Court;
WP(C) NO.34 OF 2024
III. Permit the petitioner to file documents in
vernacular;
IV. Grant any such other reliefs as this Hon'ble
Court may deem fit and proper in the interest of
justice and fairness;
V. Allow this writ petition civil with costs."
(SIC)
2. When this writ petition came up for
consideration, the learned counsel appearing for the
petitioner submitted that, the petitioner will be
satisfied, if a direction is issued to the Addl. 3 rd
respondent to consider Ext.P6 appeal, within a time
frame.
3. Heard the learned counsel appearing for the
petitioner and the learned Standing Counsel appearing
for the respondents.
4. After hearing both sides, I think, that prayer
WP(C) NO.34 OF 2024
can be allowed.
Therefore, this writ petition is disposed of with
the following directions;
1. The Addl. 3rd respondent is directed to
consider and pass appropriate orders in
Ext.P6, after giving an opportunity of
hearing to the petitioner, as
expeditiously as possible, at any rate,
within a period of two months from the
date of receipt of a copy of this
judgment.
2. The petitioner will produce a certified
copy of the judgment along with a copy
of the writ petition before the Addl. 3 rd
respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.34 OF 2024
APPENDIX OF WP(C) 34/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER BEARING NO.
P&A-F-2317 DATED 25.10.2021
EXHIBIT P2 A TRUE COPY OF THE ORDER BEARING NO.
P&A/F/630 DATED 20.05.2023, ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION
DATED 22.07.2023 PREFERRED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE JUDGEMENT DATED
10.08.2023 IN WP(C) 16471 OF 2023 OF
THIS HON'BLE COURT
EXHIBIT P5 A TRUE COPY OF THE ORDER BEARING NO.
P&A/F/2828 DATED 09.10.2023 ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE APPEAL DATED
30.10.2023 PREFERRED BY THE
PETITIONER BEFORE THE BOARD OF
DIRECTORS IN THE 1ST RESPONDENT
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
