Amboori Vanitha Handloom Weavers vs The General Manager on 19 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15298 of 2004(U)


1. AMBOORI VANITHA HANDLOOM WEAVERS
                      ...  Petitioner

                        Vs



1. THE GENERAL MANAGER,
                       ...       Respondent

2. THE DIRECTOR OF HANDLOOMS AND TEXTILES,

                For Petitioner  :SRI.D.SOMASUNDARAM

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :19/02/2007

 O R D E R
                         K.Padmanabhan Nair,J.

                       --------------------------------

                       W.P.(C).No.15298 of 2004-U

                       --------------------------------


               Dated, this the 19th day of February, 2007


                                 JUDGMENT

The Society has filed this writ petition challenging

Exhibit P4 order passed by the General Manager, District

Industries Centre, Thiruvananthapuram on 30.3.2001 by which

the petitioner-Society was ordered to be wound up. According to

the petitioner, no notice was given to it at any point of time and

the petitioner came to know about the order only when it filed

Exhibit P5 application on 3.5.2004 claiming financial assistance.

It is also contended that the impugned order was passed without

complying with the procedural formalities and in gross violation

of the statutory provisions and rules.

2. According to me, the petitioner is having an

efficacious alternate remedy. Of course, the impugned order was

passed on 30.3.2001. But, according to the petitioner, they were

not issued with any notice and they came to know about this

order only when they filed an application claiming financial

assistance on 3.5.2004. This writ petition is filed on 21.5.2004.

So, considering all aspects of the matter, I am of the view that it

W.P.(C).No.15298 of 2004-U

– 2 –

is a case in which this Court can invoke the extra ordinary

jurisdiction conferred on it under Article 226 of the Constitution

and direct the Government to consider the appeal and dispose of

the same, if any, filed by the petitioner within six weeks from

today treating that as one filed within the period of limitation.

In the result, the writ petition is disposed of in the

following manner: In case the petitioner files an appeal within six

weeks from today before the Government, the same shall be

treated as one filed within time allowed by law and the

Government shall consider and dispose of the same in accordance

with law.

K.Padmanabhan Nair

Judge

vku/-