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AMBOORI VANITHA HANDLOOM WEAVERS versus THE GENERAL MANAGER

High Court of Kerala

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AMBOORI VANITHA HANDLOOM WEAVERS v. THE GENERAL MANAGER - WP(C) No. 15298 of 2004(U) [2007] RD-KL 3523 (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 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/-


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