IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 36400 of 2010(Y) -------------------------- PETITIONER(S): --------------- 1. MRS.RAJAMMA AMMA, AGED 65YEARS W/O.LATE SRI.JANARDHANA PILLA, HAVING ADDRESS AT JANARDHANAN VILASAM, KURUMANDAL (B) PARAVOOR, KOLLAM DISTRICT 691 301. 2. MRS. GIRIJA KUMARI, AGED 44 YEARS, D/O. LATE SRI.JANARDHANA PILLA, HAVING ADDRESS AT JANARDHANAN VILASAM, KURUMANDAL (B) PARAVOOR, KOLLAM DISTRICT 691 301. 3. MR. SANTHOSH KUMAR, AGED 39 YEARS, S/O. LATE SRI.JANARDHANA PILLA, HAVING ADDRESS AT JANARDHANAN VILASAM, KURUMANDAL (B) PARAVOOR, KOLLAM DISTRICT 691 301. 4. MR.SAJEEV KUMAR KUMAR, AGED 343 YEARS S/O. LATE SRI.JANARDHANA PILLA, HAVING ADDRESS AT JANARDHANAN VILASAM, KURUMANDAL (B) PARAVOOR, KOLLAM DISTRICT 691 301. 5. MR. SUNIL KUMAR, AGED 29 YEARS, S/O. LATE SRI.JANARDHANA PILLA, HAVING ADDRESS AT JANARDHANAN VILASAM, KURUMANDAL (B) PARAVOOR, KOLLAM DISTRICT 691 301. BY ADV. SRI.SREELAL N.WARRIER SRI.B.RAGHUNANDANAN SMT.A.SREEKALA (VAIKOM) RESPONDENT(S): -------------------------- 1. THE JOINT DIRECTOR,FACTORIES AND BOILERS THIRUMULLAVARAM, KOLLAM DISTRIC 691 012. 2. MR.MOHANA PILLA, AGED 39 YEARS, S/O.LATE SRI.JANARDHANA PILLA HAVING ADDRESS AT JANARDHANA VILASAM, KURUMANDAL (B) PARAVOOR , KOLLAM DISTRICT 691 301. BY GOVERNMENT PLEADER SRI.P.M.MANOJ- R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- W.P. (C) NO.36400 OF 2010 ---------------------------------------- Dated this the 7th day of December, 2010. JUDGMENT The petitioners and 2nd respondent are the legal heirs of Late.Sri.Janardhanan Pillai, who was the proprietor of 'Mahalakshmi Cashew Industries'. They have submitted Ext.P5 application for transfer of the licence in the name of the first petitioner. Ext.P5 application was submitted for that behalf as early as on 12.12.2007. This writ petition is filed on being aggrieved by the inordinate delay in the matter of disposal of Ext.P5 application. 2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader. 3. Rule 8 of the Kerala Factory Rules, 1957 deals with the transfer of licence. A perusal of the same would reveal that it casts a power coupled with duty on the competent authority to consider an application submitted in the matter of transfer of licence in accordance with the procedures prescribed under Rule 9. The petitioners have already submitted Ext.P5 application in terms of Rules 8 and 9 as early as on 12.12.2007. There is absolutely no justification for the delay in the matter of consideration of Ext.P5 and to pass orders thereon in terms of W.P. (C) NO.36400 OF 2010 2 the provisions under the Kerala Factory Rules, 1957. Ext.P5 is still pending before the first respondent. Therefore, I am of the view it is unnecessary to consider the contentions on merit, at this stage. Hence, this writ petition is disposed of with a direction to the first respondent to consider Ext.P5 application in accordance with the relevant provisions and procedures under the Kerala Factory Rules, 1957 and to pass orders thereon expeditiously. Considering the fact that Ext.P5 was submitted as early as on 12.12.2007 an order pursuant to this direction shall be passed within a period of 3 weeks from the date of receipt of copy of this judgment. Sd/- C.T.RAVIKUMAR, JUDGE. Mns //true copy// P.A.to Judge