Chaladan Narayanan vs Kerala State Industrial Infrastructure

Type Court Judgment Court Kerala Decided Dec 06, 2023

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Citation: sooperkanoon.com/1393302
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Dec 06, 2023
Case Number: WP(C)/22278/2017

Parties & Advocates

Appellant / Petitioner

Chaladan Narayanan

Respondent

Kerala State Industrial Infrastructure

Excerpt

.....following prayers:(i) issue a writ of mandamus or such other writ or order directing the 3rd respondent to sign and issue the original of ext p2 certificate in favour of the petitioner on its presentation.(ii) declare that the petitioner or his nominee is entitled to get employment as per exhibit p1 government order.(iii) grant such other order that this hon'ble court may deem fit and proper in the facts and circumstances of this case2. the learned counsel for the additional petitioners pressed for appropriate relief in view of the verdict rendered by this court in r.s.a. no.1268/2019 today.3. the learned government pleader appearing forthe 4th respondent would submit that as per ext.p1 government order, the beneficiary covered by the government order is entitled to get employment. the learned standing counsel for respondents 1 to 3 prayed for appropriate orders in tune with the judgment in r.s.a. no.1268/2019.4. in view of the submissions, the 3rd respondenthas to consider signing and issuance of ext.p2 certificate in favour of the beneficiary on its presentation, in tune with the judgment in r.s.a. no.1268/2019. further, the respondents are directed to consider the other reliefs and to pass appropriate orders acting on the request of the beneficiary, in accordance with law, without fail, at any rate, within a period of two months from the date of receipt of copy of this judgment. accordingly, this writ petition (civil) stands disposed of. sd/- a. badharudeen sk judge appendix of wp(c) 22278/2017 petitioner’s exhibits : exhibit p1 true copy of the order go(ms) no.7/2008/transport dated 1/2/2008 issued by the government exhibit p2 true copy of the land acquisition certificate dated 15/5/2017 issued by 3rd respondent exhibit p3 true copy of judgment in os 238/2011 dated respondents’ exhibits : nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 6TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945 WP(C) NO. 22278 OF 2017 PETITIONER:
1 CHALADAN NARAYANAN (DECEASED) S/O.LATE UNNI, AGED 49 YEARS, AGRICULTURIST, KOLARI P.O., MATTANNUR, THALASSERY, KANNUR DISTRICT. 2 SREEJA K.V W/O CHALADAN NARAYANAN, AGED 42 YEARS, EDAVELIKKAL P.O. KOLERI, KANNUR - 670702 3 ADARSH NARAYANAN S/O CHALADAN NARAYANAN, AGED 22 YEARS, EDAVELIKKAL P.O. KOLERI, KANNUR -670702 4 RITHYA NARAYANAN D/O CHALADAN NARAYANAN, AGED 19 YEARS, EDAVELIKKAL P.O. KOLERI, KANNUR - 670702

(SUPPELMENTAL PETITIONERS 2 TO 4 IMPLEADED AS PER ORDER

IN I.A.NO.1/2022 DATED 06.12.2023) BY ADVS. SRI.K.R.AVINASH (KUNNATH) ABDUL RAOOF PALLIPATH SRI.PRAJIT RATNAKARAN E.MOHAMMED SHAFI RESPONDENTS:

1 KERALA STATE INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), BUILDING NO.TC 31/2312, SASTHAMANGALAM, TRIVANDRUM - 695 010. 2 THE MANAGING DIRECTOR KERALA STATE INDUSTRIES INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), BUILDING NO.TC 31/2312, SASTHAMANGALAM, TRIVANDRUM 695 010 3 THE ADVISOR (LAND MATTERS) KERALA STATE INDUSTRIAL DEVELOPMENT INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA) MATTANNUR, KANNUR - 670 702.

4 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR - 1. 5 CHALADAN ROHINI W/O LATE UNNI, AGED 71 YEARS, KEEZHALLUR AMSOM, ELAMPARA DESOM, ELAMPARA P.O. THALASSERY, KANNUR - 670595 (ADDTIONAL RESPONDENT NO.5 IMPLEADED AS PER ORDER IN I.A.NO.1/2022 DATED 06.12.2023) BY ADV SRI.P.U.SHAILAJAN -R1

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 6th day of December, 2023 This writ petition has been filed under Article 226 of the Constitution of India seeking the following prayers:

(i) issue a Writ of Mandamus or such other writ or order directing the 3rd respondent to sign and issue the original of Ext P2 certificate in favour of the petitioner on its presentation.

(ii) declare that the petitioner or his nominee is entitled to get employment as per Exhibit P1 Government order.

(iii) grant such other order that this Hon'ble court may deem fit and proper in the facts and circumstances of this case

2. The learned counsel for the additional petitioners pressed for appropriate relief in view of the verdict rendered by this Court in R.S.A. No.1268/2019 today.

3. The learned Government Pleader appearing for

the 4th respondent would submit that as per Ext.P1 Government Order, the beneficiary covered by the Government Order is entitled to get employment. The learned Standing counsel for respondents 1 to 3 prayed for appropriate orders in tune with the judgment in R.S.A. No.1268/2019.

4. In view of the submissions, the 3rd respondent

has to consider signing and issuance of Ext.P2 certificate in favour of the beneficiary on its presentation, in tune with the judgment in R.S.A. No.1268/2019. Further, the respondents are directed to consider the other reliefs and to pass appropriate orders acting on the request of the beneficiary, in accordance with law, without fail, at any rate, within a period of two months from the date of receipt of copy of this judgment. Accordingly, this writ petition (civil) stands disposed of. Sd/- A. BADHARUDEEN SK JUDGE APPENDIX OF WP(C) 22278/2017 PETITIONER’S EXHIBITS : EXHIBIT P1 TRUE COPY OF THE ORDER GO(MS) NO.7/2008/TRANSPORT DATED 1/2/2008 ISSUED BY THE GOVERNMENT EXHIBIT P2 TRUE COPY OF THE LAND ACQUISITION CERTIFICATE DATED 15/5/2017 ISSUED BY 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF JUDGMENT IN OS 238/2011 DATED RESPONDENTS’ EXHIBITS : NIL

Same Court & Year Kerala · 2023 Same Parties Chaladan Narayanan vs Kerala State Industrial Infrastructure Same Judge Honourable Mr. Justice a. Badharudeen