IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 1538 of 2006(G) ------------------------------------- PETITIONERS: --------------------- M/S,.PRIMA BEVERAGES (P)LTD., REGD.OFFICE, PRIMA HOUSE, SOUTH KALAMASSERY, COCHIN- 682 033, REP. BY ITS DIRECTOR SWATI GUPTA. BY ADV. SRI.C.K.KARUNAKARAN, SRI.C.E.UNNIKRISHNAN, SRI.M.P.HARIKUMAR, SMT.T.P.LEKSHMI VARMA. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES & COMMERCE, THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1538/2006-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE 3RD RESPONDENT'S LETTER NO. B-1 13883/97 DTD. 23/06/98 ADDRESSED TO R.2. EXT.P.2: COPY OF THE 3RD RESP'S LETTER NO. B-1 13883/97 DTD. 23/10/98 ADDRESSED TO R.2. EXT.P.3: COPY OF THE 3RD RESP'S LETTER NO. B-1 13883/97 DTD. 02/02/01 ADDRESSED TO PETITIONER. EXT.P.4: COPY OF PETITIONER'S LETTER DTD. 27/12/05 ADDRESSED TO R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.1538 OF 2006 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T This writ petition is filed mainly with the following prayer: 1) To issue a writ of mandamus or such other appropriate writ, order or direction commanding the respondents to forthwith release eligible investment subsidy to the petitioner. There is also a prayer for interest. It is seen from the counter affidavit filed by the second respondent that the matter was under the consideration of the Government, based on the decision of the State Level Committee and the expert technical opinion issued by SISI, Thrissur. 2. In case no action has yet been taken by the Government, there will be a direction to the first respondent to take a final decision in the matter within a period of two months from the date of production of a copy of this judgment along with copy of the writ petition and the counter affidavit by the petitioner. Thereafter, the eligible benefits, if any, due to the petitioner shall be disbursed within another one month. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 1538 OF 2006 J U D G M E N T 29.09.2008