Kerala High Court
Edayar Small Scale Industries ... vs The Secretary To Government on 11 April, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.40201/2016 1/3 Order Date : 11-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
WP(C) NO. 40201 OF 2016
PETITIONER:
EDAYAR SMALL SCALE INDUSTRIES ASSOCIATION, INDUSTRIAL DEVELOPMENT
AREA EDAYAR, MUPPATHADAM, ALUVA, REPRESENTED BY ITS SECRETARY ,
SOJAN JOSEPH.
RESPONDENTS:
1. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. KADUNGALLUR GRAMA PANCHAYATH, MUPPATHADAM P.O., ALUVA-683110
REPRESENTED BY THE SECRETARY.
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Exhibit P7 communication issued by the 2nd respondent and
all further proceedings pursuant to the same including demand for any
tax,fee,or any other charges and insist on the members of the petitioner
association for taking any license or to renew any license as per the
provisions of the Kerala Panchayath Raj Act and the Rules made there
under, pending disposal of this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
18.03.2024 and upon hearing the arguments of M/S.S.SREEKUMAR (SENIOR.)
Advocate along with ARUN.B.VARGHESE, AISWARYA V.S. & VARNA
MANOJ, Advocates for the petitioner, GOVERNMENT PLEADER for R1 and
of SRI.DINESH MATHEW J.MURICKEN, Advocates for R2, the court passed the
following:
WP(C) No.40201/2016 2/3 Order Date : 11-04-2024
DINESH KUMAR SINGH, J.
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W.P (C.) No.22067 of 2011, 10485 of 2015, 40201 of 2016,
19313 & 21094 of 2017, 9293,13719 & 13760 of 2018,
1628, 17755 & 23358 of 2019, 19860 of 2021, 3671 &
11694 of 2022
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Dated this the 11th day of April, 2024
ORDER
Ms. Jasmin M.M, learned Government Pleader submits that in all these petitions, the common question of law and fact is involved. A Counter affidavit has been filed in one of the writ petitions ie, W.P(C.) No.40201 of 2016, and the said counter affidavit is adopted in all other writ petitions.
She does not wish to file separate counter affidavit in each the petitions.
The learned Senior counsel for the petitioners submits that he would like to file reply to the counter affidavit within a period of four weeks.
Post on 27.05.2024.
Sd/-
DINESH KUMAR SINGH JUDGE AP WP(C) No.40201/2016 3/3 Order Date : 11-04-2024 APPENDIX OF WP(C) 40201/2016 Exhibit P1 TRUE COPY OF THE KERALA PANCHAYAT RAJ 2ND AMENDMENT ACT 34 OF 2014.
Exhibit P2 TRUE COPY OF THE DETAILS OF THE MEMBERS OF PETITIONER ASSOCIATION.
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER DT.5-7-94. Exhibit P4 TRUE COPY OF THE CIRCULAR DT.16-4-07. Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY GOVERNMENT DT.28-2-14. Exhibit P6 TRUE COPY OF THE CIRCULAR ISSUED BY GOVERNMENT DT.11-6-13.
Exhibit P7 TRUE COPY OF THE LETTER NO.A5 10938/2016 DT.5-12-16. Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT DT.19-1-2004.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER IN WPC 12816/2009. Exhibit P10 TRUE COPY OF THE JUDGMENT DT.2-9-16. Exhibit P11 TRUE COPY OF THE INTERIM ORDER IN WPC 10485/2015. Exhibit P12 TRUE COPY OF THE INTERIM ORDER IN WPC 12008/16. Exhibit P14 A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED 16.2.2023 ISSUED BY THE 2ND RESPONDENT TO THE PROPRIETOR BRIGHT COATS WHO IS SERIAL NO 137 IN EXT.P2 LIST OF PETITIONERS ASSOCIATION Exhibit P15 A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED 27.2.2023 ISSUED BY THE 2ND RESPONDENT TO THE BLACK STONE INDUSTRIES WHO IS SERIAL NO 149 IN EXT.P2 LIST OF PETITIONERS ASSOCIATION Exhibit P16 TRUE COPY OF COMMUNICATION BEARING NO:
DICEKM/2294/2O23-A9 DATED 31.1O.2O23 ISSUED BY THE GENERAL MANAGER DISTRICT LNDUSTRIES OFFICE ALONG WITH ITS TRANSLATION