C.P.Mohammed vs State Of Kerala
2024 Latest Caselaw 4901 Ker

Kerala High Court

C.P.Mohammed vs State Of Kerala on 9 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
                         WP(C) NO. 5108 OF 2024
PETITIONER:

             C.P.MOHAMMED
             AGED 77 YEARS, S/O. LATE ALIKUTTY,
             CHEERAMPARAMBIL HOUSE, NEAR SUB STATION, P.O.
             KALADY, MALAPPURAM DISTRICT, PIN - 679582
             BY ADVS.
             P.JAYARAM
             O.M.RAVI
             P.B.AJOY
             A.M.THOMAS (AYKAN)

RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY THE SECRETARY,
             DEPARTMENT OF INDUSTRIES, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM - 695001
      2      THE DIRECTOR
             OFFICE OF THE DIRECTOR OF INDUSTRIES
             AND COMMERCE, 3RD FLOOR, VIKAS BHAVAN,
             THIRUVANANTHAPURAM, PIN - 695033
      3      THE GENERAL MANAGER
             DISTRICT INDUSTRIES CENTER,
             PALAKKAD, PIN - 678001
             BY ADV.
             SRI.SUNIL KUMAR KURIAKOSE - GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.02.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 5108 of 2024
                                 :2:




                            JUDGMENT

The petitioner seeks a direction to the respondents to return

"40% of the lease premium amount" which he had remitted; and

concedes that he has preferred a representation before the 2 nd

respondent for this purpose, who has, however, replied to it

through Ext.P6, stating that the matter has been submitted before

the Government for appropriate orders. He, therefore, prays that

the Government be directed to take a final decision pursuant to

Ext.P6, within a time frame to be fixed by this Court.

2. Sri.Sunil Kumar Kuriakose - learned Government Pleader,

in response to the afore submissions of Sri.P.Jayaram - learned

counsel for the petitioner, submitted that, if the petitioner only

requires the Government to take a final decision pursuant to

Ext.P6, he will not stand in the way of this Court passing

appropriate orders; however, praying that this Court may not make

any affirmative declarations in his favour and leave it to the

Government to take an appropriate decision thereon, as per law.

He added that he is making this submission because, the

Government will have to consider all relevant and germane inputs,

while taking a decision on the petitioner's claims, including after

hearing the parties.

3. No doubt, when this Court directs a particular exercise to

be completed, it has to be done as per law and not otherwise.

In the afore circumstances, I allow this writ petition and

direct the competent Authority of the 1 st respondent to hear the

petitioner, as also the 3 rd respondent - General Manager; and thus

take a final decision on the petitioner's claim pursuant to Exts.P5

and P6, as expeditiously as is possible, but not later than three

months from the date of receipt of a copy of this judgment.

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

claimed by the petitioner, or any portions thereof, are found

eligible to him, the same shall be disbursed to him within a period

of two months thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 5108/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ALLOTMENT LETTER DATED 17/10/2017 ALLOTTING PLOT BEARING SURVEY NO. 63/1C TO THE PETITIONER IN KAPPUR DEVELOPMENT PLOT, KAPPUR VILLAGE Exhibit P2 TRUE COPY OF THE LETTER DATED 02/07/2018 ISSUED BY THE PETITIONER TO THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD Exhibit P3 TRUE COPY OF THE LETTER DATED 19/07/2019 ISSUED BY THE PETITIONER TO THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD Exhibit P4 TRUE COPY OF THE LETTER DATED 30/08/2019 FROM THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD TO THE PETITIONER Exhibit P5 TRUE COPY OF THE LETTER DATED 16/09/2019 ISSUED BY THE PETITIONER TO THE DIRECTOR, DIRECTORATE OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM Exhibit P6 TRUE COPY OF THE LETTER DATED 10/11/2021 ISSUED BY THE DIRECTOR, DIRECTORATE OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM TO THE PETITIONER Exhibit P7 TRUE COPY OF THE LETTER DATED 20/12/2023 ISSUED BY THE PETITIONER TO THE DIRECTOR, DIRECTORATE OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM

RESPONDENTS' EXHIBITS : NIL.