Disposed

Chaladan Narayanan v. Kerala State Industrial Infrastructure

Kerala HC6 Dec 2023WP(C)/22278/2017

Case brief

AI extract

What is this about?

This writ petition under Article 226 of the Constitution of India sought a certificate for employment. The Court directed the third respondent to sign and issue the Land Acquisition certificate and considered other reliefs within two months, aligning with the verdict in R.S.A. No.1268/2019.

What did the court decide?

Directed 3rd respondent to sign and issue Ext.P2 certificate; respondents to consider other reliefs and pass appropriate orders within two months.

Chaladan Narayanan Vs Kerala State Industrial Infrastructure — Land Acquisition | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 6TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945

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WP(C) NO. 22278 OF 2017

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PETITIONER:

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1 CHALADAN NARAYANAN (DECEASED) S/O.LATE UNNI, AGED 49 YEARS, AGRICULTURIST, KOLARI P.O., MATTANNUR, THALASSERY, KANNUR DISTRICT.

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2 SREEJA K.V W/O CHALADAN NARAYANAN, AGED 42 YEARS, RESIDING AT SIVASAKTHI, AYYALLOOR, EDAVELIKKAL P.O. KOLERI, KANNUR - 670702

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3 ADARSH NARAYANAN S/O CHALADAN NARAYANAN, AGED 22 YEARS, RESIDING AT SIVASAKTHI, AYYALLOOR, EDAVELIKKAL P.O. KOLERI, KANNUR -670702

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4RITHYA NARAYANAN
D/O CHALADAN NARAYANAN, AGED 19 YEARS,
RESIDING AT SIVASAKTHI, AYYALLOOR,
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

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RESPONDENTS:

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1 KERALA STATE INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), BUILDING NO.TC 31/2312, SASTHAMANGALAM, TRIVANDRUM - 695 010.

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2 THE MANAGING DIRECTOR KERALA STATE INDUSTRIES INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), BUILDING NO.TC 31/2312, SASTHAMANGALAM, TRIVANDRUM 695 010

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3 THE ADVISOR (LAND MATTERS) KERALA STATE INDUSTRIAL DEVELOPMENT INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA) MATTANNUR, KANNUR - 670 702.

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W.P.(C). No. 22278 of 2017

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4 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR - 1.

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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

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

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W.P.(C). No. 22278 of 2017

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JUDGMENT

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Dated this the 6^th day of December, 2023

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This writ petition has been filed under Article

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226 of the Constitution of India seeking the following prayers:

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

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

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

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The learned counsel for the additional

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

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The learned Government Pleader appearing for

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W.P.(C). No. 22278 of 2017

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the 4^th 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.

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In view of the submissions, the 3^rd 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.

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Accordingly, this writ petition (civil) stands disposed of.

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Sd/-

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A. BADHARUDEEN JUDGE

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W.P.(C). No. 22278 of 2017

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APPENDIX OF WP(C) 22278/2017

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PETITIONER’S EXHIBITS :
EXHIBIT P1TRUE COPY OF THE ORDER GO(MS)
NO.7/2008/TRANSPORT DATED 1/2/2008
ISSUED BY THE GOVERNMENT
EXHIBIT P2TRUE COPY OF THE LAND ACQUISITION
CERTIFICATE DATED 15/5/2017 ISSUED BY 3RD
RESPONDENT
EXHIBIT P3TRUE COPY OF JUDGMENT IN OS 238/2011 DATED
25/9/2013 OF THE MUNSIFF COURT, KUTHUPARAMBA

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RESPONDENTS’ EXHIBITS : NIL

Chaladan Narayanan v. Kerala State Industrial Infrastructure

Case brief

What is this about?

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Chaladan Narayanan v. Kerala State Industrial Infrastructure

Case brief

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