Kerala High Court
Metadata Technologies vs State Of Kerala on 28 May, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 28TH DAY OF MAY 2020 / 7TH JYAISHTA, 1942
WP(C).No.10536 OF 2020(N)
PETITIONERS :-
1 METADATA TECHNOLOGIES
C 111, 1ST FLOOR, SMART CITY KOCHI, KAKKANAD,
COCHIN, KERALA, REPRESNETED BY ITS
PARTNER AMJAD JALEEL, CHETTUKUDIYIL, AMANATH,
DESABHIMANI ROAD, KALOOR, KOCHI-682 017.
2 M/S. SINERGIA MEDIA LABS LLP,
25, MATHER LEISUREVILLE, RAJAGIRI VALLEY,
KAKKANAD-682 039, REPRESENTED BY ITS PARTNER
SRI.DERRICK SEBASTIAN, S/O.M.D.SEBASTIAN, RESIDING
AT SYIVANIA 19A, SKY LINE, IVE LEAGUE, EDACHIRA,
KAKKANAD-682 030.
3 M/S. NDIMENSIONZ SOLUTIONS PVT.LTD.,
REPRESENTED BY ITS DIRECTOR SRI, HEMANTH KUMAR.G.,
6B, SFS KINGDOM NEAR CHOICE SCHOOL,
THRIPUNITHURA-682 301.
4 M/S. KRUXSOFT SOLUTIONS PVT.LTD.,
XIII/514A, VETTUKATTIL (JAINVAS) VADAYAMPADY P.O.,
PUTHENKRUIZ, ERNAKULAM-682 308, REPRESENTED BY ITS
MANAGING DIRECTOR SRI,JAYARAJ R J. JAINIVAS,
VADAYAMPADY P.O., PUTHENKRUIZ, ERNAKULAM-682 308.
BY ADV. SRI.JOBY CYRIAC
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF ELECTRONICS AND INFORMATION,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 SMART CITY (KOCHI) INFRASTRUCTURE PVT.LTD.,
SMART CITY PAVILION, BRAMMAPURAM P.O., KOCHI,
KERALA-682 303, REPRESENTED BY ITS CEO.
BY SMT.VINITHA B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.10536 OF 2020(N)
-: 2 :-
JUDGMENT
Dated this the 28th day of May 2020 The writ petition is filed seeking the following prayers :-
"1. Issue a writ of mandamus or any other appropriate writ, order declaring that IT companies operating from Smart City (Kochi) shall be entitled to any privileges, subsidies or concessions as may be applicable or are extended to such companies under the IT policy of the Government from time to time as long as clause 5.5 of Ext.P1 agreement is in force.
2. Issue a writ of mandamus or any other appropriate writ, order directing the 1st respondent to pass appropriate steps to extend the same financial benefits covered by Ext.P3 to the I.T. Companies, which are operating from Smart City (Kochi).
3. Issue a writ of mandamus or any other appropriate writ, order directing the 1st respondent to consider and pass appropriate orders on Ext.P5 representation after affording an opportunity of being heard to the petitioners either by way of video conferencing or any other mode within a time frame that may be fixed on time."
2. Heard the learned counsel for the petitioners and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioners that clause 5.5 of Ext.P1 clearly shows that the petitioners would also be entitled to financial aid and recession of rent during the current pandemic situation. Pointing out the factual aspects of the WP(C).No.10536 OF 2020(N) -: 3 :- matter and seeking the benefits of Ext.P1, the petitioners have submitted Ext.P5 representation before the 1st respondent.
Having heard the learned Government Pleader also, there will be a direction to the 1 st respondent to take up, consider and pass appropriate orders on Ext.P5 representation preferred by the petitioners, after hearing authorised representatives of the petitioners also through video conferencing. Notice can be issued to the petitioners intimating the date of the hearing and the time fixed therefore by E-mail or by any other electronic transmission methods. Orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN JUDGE Jvt/1.6.2020 WP(C).No.10536 OF 2020(N) -: 4 :- APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT/LEASE DEED DATED 13.05.2007 ENTERED IN TO BETWEEN GOK AND THREE OTHERS INCLUDING SMART CITY KOCHI INFRASTRUCTURE PVT.LTD.
EXHIBIT P2 TRUE COPY OF THE SUB LEASE DEED EXECUTED BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE GO(RT)NO.51/2020/ITD DATED 27.04.2020.
EXHIBIT P4 TRUE COPY OF THE JOINT REPRESENTATION DATED 14.05.2020 SUBMITTED BEFORE THE SCK INFRASTRUCTURE PVT.LTD.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 21.05.2020 SUBMITTED BEFORE THE 1ST RESPONDENT.
//TRUE COPY// P.A. TO JUDGE