Kerala High Court
The House Of Foods & Chemicals (P) Ltd vs District Industries Centre on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14056 OF 2016
PETITIONER:
THE HOUSE OF FOODS & CHEMICALS (P) LTD.
KANJIKODE, PALAKKAD,REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
SRI.K.P.VIJAYAN
SRI.V.N.HARIDAS
RESPONDENTS:
1 DISTRICT INDUSTRIES CENTRE
PALAKKAD, REPRESENTED BY ITS GENERAL MANAGER.
2 THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE, PALAKKAD - 678 001.
3 THE SECRETARY
DEPARTMENT OF INDUSTRIES, SECRETARIAT,
THIRUVANANTHAPURAM.
4 COMMISSIONER OF LAND REVENUE
DEPARTMENT OF REVENUE, COMMISSIONERATE OF KERALA,
THIRUVANANTHAPURAM.
5 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, KERALA.
BY ADV.
SRI. B.S. SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14056 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.14056 of 2016
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Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
"a. issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibits P8 and 10 issued by the 1st respondent, b. issue a writ of mandamus or any other appropriate writ or order directing the respondents to issue a patta in favour of the petitioner Company for the 70 cents of land comprised in old Sy.No.463/1 and 601/pt of Pudussery Central Village in Industrial Development Area Pudussery, Palakkad District, c. And pass such other further orders as this WP(C) NO. 14056 OF 2016 3 Hon'ble Court may deem fit and proper in the facts and circumstances of the case and direct the respondents to provide for the costs of the petitioner."
SIC
2. The main prayer in this writ petition is against Ext.P8. A reading of Ext.P8 itself would show that, it is only a show cause notice.
3. When this writ petition came up for consideration on 07.04.2016, this Court passed a status quo order and the same was extended until further orders on 08.06.2016. Today when the matter came up for consideration, the learned Government Pleader takes me through paragraph Nos.5 and 6 of the counter affidavit filed by respondent Nos.1 to 5.
The same is extracted hereunder:
"5. It is respectfully submitted that WP(C) NO. 14056 OF 2016 4 petitioner company has closed and not working for the last so many years and thus committed breach of agreement and also violated the provisions of "Kerala Allotment of Government land in Development Area on hire purchase Rule".
An enquiry was conducted by the Industries Extension Officer, Malampuzha and found that the petitioner company was closed down and all the machineries installed in the company have been removed from the company. The petitioner company has violated the provisions of Exhibit P1 Rule by closing the company and dismantling the machinery and equipments and keeping the land in idle.
6. It is true to say that the petitioner company had remitted the full value of the land at the time of allotment, but it is not a reason for closing the company. The petitioner company has not applied for land assignment and Patta is not issued in its favour. The averments in contrary are false and misleading."
4. Since, the impugned order is only a show cause notice, and the petitioner already submitted an explanation to the same, I think, this writ petition WP(C) NO. 14056 OF 2016 5 need not be retained here. All the contentions raised by the petitioner in this writ petition are left open.
There can be a direction to consider Ext.P9, if the same is pending, and till then, the interim order can continue.
Therefore, this writ petition is disposed of with the following directions:
(i) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P9, after giving an opportunity of hearing to the petitioner, if the same is pending as on today, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment.
WP(C) NO. 14056 OF 2016 6
(ii) Till final orders are passed, all further proceedings based on Ext.P8 shall be kept in abeyance.
(iii) If orders are passed in Ext.P9, the copy of the same shall be communicated to the petitioner and till then further proceedings based on Ext.P8 shall be kept in abeyance.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 14056 OF 2016 7 APPENDIX OF WP(C) 14056/2016 PETITIONER EXHIBITS P1 A TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.MS.169/69/1D DATED 05.04.1969 ALONG WITH RULES APPENDIX THEREIN.
P2 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) 108/98/RD DATED 06.02.1992 OF REVENUE DEPARTMENT TO THE PETITIONER COMPANY.
P3 A TRUE COPY OF THE GOVERNMENT ORDER DTD.
8.7.1991 ALLOTTING 30 CENTS OF LAND TO THE PETITIONER COMPANY.
P4 A TRUE COPY OF AGREEMENT DTD. 17.12.1988 ENTERED INTO BETWEEN THE PETITIONER COMPANY AND THE GOVERNMENT.
P5 A TRUE COPY OF AGREEMENT DTD. 6.8.1991 ENTERED INTO BETWEEN THE PETITIONER COMPANY AND THE GOVERNMENT.
P6 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 26.11.2002.
P7 A TRUE COPY OF THE CERTIFICATE NO.I/5988/82(B) DTD. 25.01.2006 ISSUED FROM THE 2ND RESPONDENT TO THE MANAGER, STATE BANK OF INDIA, THRISSUR.
P8 A TRUE COPY OF THE NOTICE DATED 25.11.2015 BEARING NO.I2/5988/1983(B) FROM THE 2ND RESPONDENT TO THE PETITIONER COMPANY.
P9 A TRUE COPY OF THE REPLY DATED 01.12.2015 FROM THE PETITIONER COMPANY TO THE 2ND RESPONDENT.
P10 A TRUE COPY OF THE NOTICE DATED 10.02.2016 FROM THE 2ND RESPONDENT TOTHE PETITIONER WP(C) NO. 14056 OF 2016 8 COMPANY.
P11 A TRUE COPY OF THE REPLY DATED 24.02.2016 FROM THE PETITIONER COMPANY TO THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE