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2023 Supreme(Online)(Ker) 47931

IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, J
VASU COCO RESORTS PRIVATE LIMITED – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR
For the Respondents: GOVERNMENT PLEADER, JUSTIN JACOB, G.KEERTHIVAS

Table of Content
1. overview of subsidy eligibility and discontinuation. (Para 1 , 2 , 3 , 4)
2. claim and basis for legal proceedings. (Para 6)
3. judgment and directive for disbursement of due amounts. (Para 8)
4. arguments against retroactive application of subsidy withdrawal. (Para 10 , 11)
5. judicial review of government decision on subsidy. (Para 12 , 13 , 14)
6. promissory estoppel and prospective operation of government orders. (Para 15)

JUDGMENT

Petitioner company since 2013 is running a five star hotel in Vayalar in Alappuzha District established, as a part of Tourism Promotion and, obtained High Tension electric connection from the Kerala State Electricity Board. The Government of Kerala vide order dated 26-09-2000 G.O.(MS)No. 537/2000/GAD Thiruvananthapuram, declared certain benefits to industrial units like Five Star Hotel as a part of promoting “Tourism” industry one of which was concession in electricity charges. As a result of the aforementioned order dated 26-09-2000 G.O. (MS)No. 537/2000/GAD Thiruvananthapuram produced herein as Ext.P1, the first respondent, State Government undertook to pay the difference between the commercial tariff and industrial tariff as subsidy an

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