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Kerala High Court

Dheevara Trust vs The Cochin Shipyard Ltd on 6 November, 2025

Author: V.G.Arun

Bench: V.G.Arun

                                                       2025:KER:87938

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

   THURSDAY, THE 6TH DAY OF NOVEMBER 2025 / 15TH KARTHIKA, 1947

                       WP(C) NO. 21517 OF 2025

PETITIONERS:

    1     DHEEVARA TRUST
          AGED 70 YEARS
          AN ORGANIZATION REGISTERED UNDER INDIAN TRUST ACT,
          HAVING ITS REGISTERED OFFICE AT XI/520B, KELANTHARA
          ROAD, PANANGAD P.O., ERNAKULAM, REPRESENTED BY ITS
          CHAIRMAN MR. J. SUDHIRANJAN, S/O JANARDHANAN, RESIDING
          AT ANJANAM HOUSE, KARUMAM, KARAMANA P.O.,
          THIRUVANATHAPURAM,, PIN - 695002

    2     V. PRAVEEN
          AGED 65 YEARS
          (FORMER CHAIRMAN OF DHEEVARA TRUST) RESIDING AT 13F,
          ANTA MARVEL APARTMENT, KANNADIKKADU, MARADU PO,
          ERNAKULAM, PIN - 682304


          BY ADV SRI.SONU AUGUSTINE


RESPONDENTS:

    1     THE COCHIN SHIPYARD LTD
          REPRESENTED BY ITS CHAIRMAN &MANAGING DIRECTOR,
          PERUMANOOR P.O., ERNAKULAM, PIN - 682015

    2     THE CHAIRMAN & MANAGING DIRECTOR
          COCHIN SHIPYARD LTD. PERUMANOOR P.O., ERNAKULAM, PIN -
          682015

    3     THE SECRETARY
          MINISTRY OF PORTS, SHIPPING &WATERWAYS, GOVERNMENT OF
          INDIA, TRANSPORT BHAVAN, SANSAD MARG, NEW DELHI, PIN -
          110001
                                                     2025:KER:87938


W.P.(C) No.21517 of 2025

                                  2


      4       THE SECRETARY
              MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA,
              5TH FLOOR, A-WING, SHASTRI BHAWAN, NEW DELHI, PIN -
              110001


              BY ADVS.
              SRI.SAJI VARGHESE T.G
              SMT.T.P.SINDHUMOL
              SMT.MARIAM MATHAI


              SMT. O.M. SHALINA FOR DSGI.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2025:KER:87938


W.P.(C) No.21517 of 2025

                                        3




                                   JUDGMENT

Dated this the 6th day of November, 2025 The 1st petitioner is a registered Trust formed for the upliftment of the coastal population and the 2 nd petitioner is its Chairman. The 2 nd petitioner has submitted an application to the 1st respondent requesting to sanction the CSR Fund of respondents 1 and 2 for the projects of the 1st petitioner, intended to generate employment and empower the coastal population. Petitioners' application, though accepted, is not being processed. Hence, the petitioners submitted a query under the Right to Information Act seeking the status of the application. Thereupon, it was informed that the application had been rejected as it was incomplete.

2025:KER:87938 W.P.(C) No.21517 of 2025 4

2. Learned Counsel for the petitioners contends that the proper procedure was to inform the petitioners about the defects in the application and in such event, they would have cured the defects and re-submitted the same.

3. Learned Standing Counsel for respondents 1 and 2 submits that, on an average, the 1 st respondent receives 500 applications every year for CSR funds from different parts of the Country. The applications for CSR fund have to be submitted in the prescribed format available in the official website of the 1 st respondent. The applicants are required to provide details of about 35 parameters and submit 12 annexures as shown in the website. Only applications submitted in the prescribed format along with the details and the annexures will be processed. The petitioners did not submit Ext.P3 2025:KER:87938 W.P.(C) No.21517 of 2025 5 application in the prescribed format and hence the application was not considered. It is submitted that if the application is submitted in the prescribed manner, respondents 1 and 2 will consider the same following the due procedure.

4. Although learned Counsel for the petitioners insisted that Ext.P3 application should be permitted to be re-submitted after curing the defects, this Court is of the firm view that under the given facts and circumstances, it will be more appropriate for the petitioners to submit a fresh application.

The writ petition is hence disposed of by permitting the petitioners to submit a fresh application in the prescribed format, providing requisite details and appending necessary annexures. If such an application is filed, the same shall be accepted and processed, 2025:KER:87938 W.P.(C) No.21517 of 2025 6 following due procedure and uninfluenced by the rejection of the earlier application.

Sd/-

V.G.ARUN JUDGE SSK/06/11 2025:KER:87938 W.P.(C) No.21517 of 2025 7 APPENDIX OF WP(C) 21517/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TRUST DEED DATED 27-08- 2020 Exhibit P2 TRUE COPY OF THE CSR POLICY OF THE 1ST RESPONDENT PUBLISHED IN THEIR WEBSITE Exhibit P3 TRUE COPY OF THE APPLICATION DATED 8.1.2024 CONSISTING OF THE PROPOSED PROJECTS Exhibit P4 TRUE COPY OF THE LETTER DATED 30/04/2024 Exhibit P5 TRUE COPY OF THE RTI APPLICATION Exhibit P6 TRUE COPY OF THE RTI REPLY DATED 27/09/2024 Exhibit P7 TRUE COPY OF THE APPEAL BEFORE THE APPELLATE AUTHORITY OF THE 1ST RESPONDENT DATED 10-10-2024 Exhibit P8 TRUE COPY OF THE APPELLATE ORDER OF THE AA Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 01/11/2024 TO THE 2ND RESPONDEN Exhibit P10 TRUE COPY OF THE LAWYERS NOTICE Exhibit P11 True copy of the postal receipt Exhibit P12 True copy of the postal receipt for the same and AD Card Exhibit P13 True Copy of the Postal Receipt and AD card Exhibit P14 True copies of the photographs of the inauguration and other activities are of the Trust Exhibit P15 True copy of the photo graph