Disposed

Sea Blue Shipyard Ltd. v. the Director, M/S. Lakshadweep Development Corporation Ltd.

Kerala HC16 Nov 2020WP(C)/18789/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by Sea Blue Shipyard Ltd. seeking directions to follow MSME policies and consider representations. The court directed the additional 4th respondent to consider the Exts.P10 representation and pass orders within six weeks.

What did the court decide?

A direction to the additional 4th respondent to consider the representation dated 19.10.2020 and pass orders in accordance with law within six weeks.

Sea Blue Shipyard Ltd. Vs the Director, M/S… — Service and Employment | Kerala HC (2020)

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W.P(c).No.18789/2020-W 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942

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WP(C).No.18789 OF 2020(W)

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PETITIONER:

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SEA BLUE SHIPYARD LTD. REGISTERED OFFICE 1/212, V P ROAD, AZHEECKAL P.O., VYPIN, KOCHI-682 508, REPRESENTED BY MANAGING DIRECTOR O.C.JOHN.

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BY ADV. SRI.S.SUJIN

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RESPONDENTS:

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1 THE DIRECTOR, M/S. LAKSHADWEEP DEVELOPMENT CORPORATION LTD., 27/1038B, PANAMPILLY NAGAR, ERNAKULAM, KOCHI-682 036.

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2 THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATHY-682 555.

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3 THE DIRECTOR, OFFICE OF THE DEVELOPMENT COMMISSIONER, MICRO, SMALL AND MEDIUM ENTERPRISES, MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA, NIRMAN BHAVAN, 7TH FLOOR, MAULANA AZAD ROAD, NEW DELHI-110 108.

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4 THE DEVELOPMENT COMMISSIONER, MICRO, SMALL AND MEDIUM ENTERPRISES, MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA, NIRMAN BHAVAN, MAULANA AZAD ROAD, NEW DELHI – 110 108.

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(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 16.11.2020 IN I.A.NO.1/2020)

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R3 BY SRI.JAGADEESH LAKSHMAN, CGC

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SRI.S.MANU, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(c).No.18789/2020-W

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P.V.ASHA, J .

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W.P(c) No.18789 of 2020-W

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Dated this the 16^th day of November, 2020

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JUDGMENT

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The Writ Petition was filed seeking the following reliefs:

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“i) To issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 1 and 2 to follow Exhibit P1 and P2 policy initiated and enforced by the Government of India through the Commissionerate of Micro, Small and Medium enterprises, Government Ministry of Small Scale Entrepreneurs Government of India

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ii) To issue a writ of mandamus or other appropriate writ, order or direction, directing the 1^st respondent to consider and pass orders on Exts.P5, P6 and P7 representations within a time frame to be fixed by this Hon'ble Court;

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iii) To issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.”

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A statement was filed on behalf of Lakshadweep Development

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Corporation stating that an agreement has already been entered in the year 2018

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between Cochin Shipyard and the petitioner and the said agreement will be in force till the year 2023. The petitioner has thereupon submitted a representation before the additional 4^th respondent pointing out its grievances claiming that works are to be awarded to the small scale enterprises registered under the MSME.

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The learned counsel for the petitioner submits that the petitioner would be satisfied with a direction to the additional 4^th respondent.

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W.P(c).No.18789/2020-W

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The Writ Petition is therefore disposed of directing the additional 4^th respondent to consider and pass orders on Ext.P10 representation in accordance with law within a period of six weeks.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

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W.P(c).No.18789/2020-W

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER NO.SO 581(E DATED 23.03.2012 ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, NEW DELHI.
EXHIBIT P2	TRUE COPY OF THE ORDER S.O. 5670(E) DATED 09.11.2018 ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, NEW DELHI.
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION DATED 05.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER, MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES.
EXHIBIT P4	TRUE COPY OF THE COMMUNICATION DATED 15.04.2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE REMINDER BY EMAIL DATED 22.05.2020 BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE REMINDER BY EMAIL DATED 07.07.2020 BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE REMINDER BY EMAIL DATED 17.08.2020 BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE REPRESENTATION DATED 02.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER, MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES.
EXHIBIT P9	TRUE COPY OF THE COMMUNICATION DATED 20.03.2020 ISSUED BY THE ASSISTANT DIRECTOR OFFICE OF THE DEVELOPMENT COMMISSIONER.
EXHIBIT P10	TRUE COPY OF THE REPRESENTATION DATED 19.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE DEVELOPMENT COMMISSIONER, MICRO, SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA.

Sea Blue Shipyard Ltd. v. the Director, M/S. Lakshadweep Development Corporation Ltd.

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Sea Blue Shipyard Ltd. v. the Director, M/S. Lakshadweep Development Corporation Ltd.

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