Kerala High Court
Galeelia Chemicals vs Kadungallur Grama Panchayat on 2 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 19600 OF 2012
PETITIONERS:
1 GALEELIA CHEMICALS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, BINANIPURAM.P.O, ALUVA-02,
REPRESENTED BY P.A.KURUVILA.PROPRIETOR.
2 SILVER STREAM POLYMERS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR,
BINANIPURAM.P.O,ALUVA-02,
REPRESENTED BY N.J.RAPHEL.
3 WINNER SEALS (P) LTD,
MUPPATHADAM P.O,
ALUVA,
REPRESENTED BY MANAGING DIRECTOR ANANDRAJ
4 S.M INDUSTRIES,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, MUPPATHADAM P.O,
ALUVA,
REPRESENTED BY SEENA K.D, PROPRIETRESS
5 FEROMATS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, BINANIPURAM P.O,
ALUVA 02,
REPRESENTED BY P.A GEORGE,
PROPRIETOR
6 COCHIN PACKAGINGS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, MUPPATHADAM P.O, ALUVA.
7 EDAYAR INDUSTRIES CENTRE,
INDUSTRIAL DEVELOPMENT AREA,
MUPPATHADAM P.O, ALUVA,
REPRESENTED BY THOMAS VADAKKAL , SECRETARY
WP(C) No.19600/2012 & 9923/2013
:2 :
8 COCHIN RUBBER INDUSTRIES,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR,
MUPPATHADAM P.O,
ALUVA,
REPRESENTED BY SALIMKUTTY, PARTNER
9 MARK RUBBER PRODUCTS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, MUPPATHADAM P.O,
ALUVA,
REPRESENTED BY SHAFI AHMED
10 MARK PRE TREADS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, MUPPATHADAM P.O,
ALUVA,
REPRESENTED BY NIZAMUDEEN PROPRIETOR
11 SREE GANESH TIMBERS,
I.D.A , EDAYAR,
BINANIPURAM P.O,
ALUVA 02,
REPRESENTED BY PURUSHOTHAM PATEL
12 D L ENGINEERING WORKS,
I.D.A , EDAYAR,
BINANIPURAM P.O,
ALUVA 02.
REPRESENTED BY A.S RENJAN, PARTNER
13 HI-TECH RUBBERS,
D.A EDAYAR,
BINANIPURAM P.O,
ALUVA 02,
REPRESENTED BY BENNY FRANCIS, PARTNER
14 DHANYA FOODS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR,
BINANIPURAM P.O, ALUVA,
REPRESENTED BY ANNIE POULOSE, PROPRIETRESS
WP(C) No.19600/2012 & 9923/2013
:3 :
15 JONARIN JALIZ AND COMPANY,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, BINANIPURAM P.O, ALUVA
16 JONARIN PIGMENTS (P) LTD
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, BINANIPURAM P.O, ALUVA
17 SAFE POWER INDUSTRIES,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, BINANIPURAM P.O, ALUVA
18 POPULAR INDUSTRIES,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, BINANIPURAM P.O, ALUVA
19 MARK POLYMERS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, BINANIPURAM P.O, ALUVA
REPRESENTED BY NOOR JAHAN, PROPRIETRIX
20 RAJASREE INDUSTRIAL PRINTER,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, BINANIPURAM P.O, ALUVA,
REPRESENTED BY PROPRIETOR
21 ZION CHEMICALS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, MUPPATHADAM P.O, ALUVA,
REPRESENTED BY ITS MANAGING DIRECTOR
22 KINGS PACKINGS,
INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, MUPPATHADAM P.O, ALUVA,
REPRESENTED BY ITS MANAGING DIRECTOR
BY ADVS.
SRI.VIJU ABRAHAM
SRI.ALBERT V.JOHN
SRI.DINNY THOMAS
SMT.M.SRUTHY
WP(C) No.19600/2012 & 9923/2013
:4 :
RESPONDENT:
KADUNGALLUR GRAMA PANCHAYAT,
KADUNGALLUR-683110
REPRESENTED BY ITS SECRETARY
BY ADV. SRI. DINESH MATHEW J.MURICKEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.07.2021, ALONG WITH WP(C).9923/2013, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.19600/2012 & 9923/2013
:5 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 9923 OF 2013
PETITIONER:
VALETH HIGH TECH COMPOSITES(P)LTD.,
EDAYAR INDUSTRIAL ESTATE,
MUPPATHADAM P.O., KERALA-683110,
REPRESENTED BY POWER OF ATTORNEY HOLDER
P.J.PAULOSE.
BY ADVS.
SRI.DINNY THOMAS
SRI.ALBERT V.JOHN
RESPONDENT:
KADUNGALLUR GRAMA PANCHAYATH,
KADUNGALLUR,
REPRESENTED BY ITS SECRETARY-683110.
BY ADV. SRI.DINESH MATHEW J.MURICKEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.07.2021, ALONG WITH WP(C).19600/2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.19600/2012 & 9923/2013
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JUDGMENT
~~~~~~~~~
Dated this the 2nd day of July, 2021
[WP(C) No.19600/2012 & 9923/2013]
The petitioners in these writ petitions are running
industrial units in Edayar Industrial Estate, Muppathadam
P.O., Aluva. The petitioners are aggrieved by demand of
licence fee in respect of their industrial units. The petitioners
contend that they are functioning in an industrial area which is
exempted from the provisions of the Kerala Panchayat Raj
Act, 1994.
2. When these writ petitions came up for hearing
today, counsel on either side submitted that the issue agitated
in these writ petitions were considered by this Court in W.P.
(C) No.5716/2009, and a learned Single Judge has delivered
judgment, the operative portion of which is as follows:-
"4. By virtue of the aforesaid amendment, for the
words "Industrial areas" the following has been
incorporated. "Areas specified as industrial township
WP(C) No.19600/2012 & 9923/2013
under the proviso to Clause (1) of Article 243Q of the
Constitution and areas declared as industrial areas
under the Kerala Industrial Single Window Clearance
Boards and Industrial Township Area Development
Act, 1999 (5 of 2000)". This amendment is made
effective from 14/06/2010. In other words, other than
the areas specified above, all other areas will come
under the provisions of the Act, effective from
14/06/2010. It is also contended by the learned
counsel appearing for the petitioners that separate
writ petitions had been filed challenging the amended
provision especially in regard to the retrospectivity of
the said provision with effect from 14/06/2010 and this
Court had stayed collection of amounts with reference
to the demands made prior to the amendment coming
into effect, that is from 14/06/2010 onwards till the
date of amendment i.e. 23/12/2014.
Having regard to the aforesaid submissions, I
am of the view that these writ petitions can be
disposed of as under:
i) Any demand for tax or for obtaining licence
against the petitioners is hereby quashed, however,
without prejudice to the right of the Panchayat to
invoke their jurisdiction on the basis of the Act 34 of
2014.
ii) It is made clear that, in respect of the areas
which come under Section 1(2) of the amended
provision, the Panchayat shall have no jurisdiction in
the matter."
The counsel would submit that these writ petitions may also
be disposed of following the said judgment in W.P.(C)
No.5716/2009.
In the circumstances, these writ petitions are
disposed of holding that the issues raised in these writ
petitions will be governed by the judgment of this Court in
WP(C) No.19600/2012 & 9923/2013
W.P.(C) No.5716/2009 and the directions contained in the
said judgment will enure to the benefit of the petitioners herein
also.
Sd/-
N. NAGARESH, JUDGE
aks/02.07.2021
WP(C) No.19600/2012 & 9923/2013
APPENDIX OF WP(C) 19600/2012
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED TO THE
1ST PETITIONER
EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED TO THE
2ND PETITIONER
EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED TO THE
4TH PETITIONER
EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED TO THE
5TH PETITIONER
EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED TO THE
6TH PETITIONER
EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED TO THE
7TH PETITIONER
EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED TO THE
8TH PETITIONER
EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED TO THE
9TH PETITIONER
EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED TO THE
10TH PETITIONER
EXHIBIT P10 TRUE COPY OF THE NOTICE ISSUED TO THE
11TH PETITIONER
EXHIBIT P11 TRUE COPY OF THE NOTICE ISSUED TO THE
12TH PETITIONER
EXHIBIT P12 TRUE COPY OF THE NOTICE ISSUED TO THE
14TH PETITIONER
EXHIBIT P13 TRUE COPY OF THE NOTICE ISSUED TO THE
18TH PETITIONER
EXHIBIT P14 TRUE COPY OF THE NOTICE ISSUED TO THE
19TH PETITIONER
EXHIBIT P15 TRUE COPY OF THE NOTICE ISSUED TO THE
22ND PETITIONER
EXHIBIT P16 TRUE COPY OF THE ORDER DATED 5-07-1994
EXHIBIT P17 TRUE COPY OF THE CIRCULAR NO. 19/07/CT
DATED 16-04-2007
EXHIBIT P18 TRUE COPY OF THE INTERIM ORDER DATED
25-2-2009 IN W.P(C) NO. 5716 OF 2009.
EXHIBIT P19 TRUE COPY OF THE INTERIM ORDER DATED
21/05/2012 IN W.P.(C)No.11104 OF 2012
WP(C) No.19600/2012 & 9923/2013
EXHIBIT P20 TRUE COPY OF THE INTERIM ORDER DATED IN
W.P.(C) No.10693 OF 2012
EXHIBIT P21 TRUE COPY OF THE INTERIM ORDER IN WP(C)
No.6947 OF 2012.
WP(C) No.19600/2012 & 9923/2013
APPENDIX OF WP(C) 9923/2013
PETITIONER'S EXHIBITS:
EXHIBIT P1 : TRUE COPY OF THE ALLOTMENT LETTER BY
D.I.C, ERNAKULAM.
EXHIBIT P2 : TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER.
EXHIBIT P3 : TRUE COPY OF THE ORDER DT.5-7-94 OF THE
GOVERNMENT.
EXHIBIT P4 : TRUE COPY OF THE CIRCULAR NO.19/07/CT
DT.16-4-07
EXHIBIT P5 : TRUE COPY OF THE INTERIM ORDER DT.25-2-
2009 IN WPC 5716/2009.
EXHIBIT P6 : TRUE COPY OF THE INTERIM ORDER IN WPC
19600 OF 2012.
EXHIBIT P7 : TRUE COPY OF THE INTERIM ORDER DATED
21/05/2012 IN WPC 11104 OF 2012.
EXHIBIT P8 : TRUE COPY OF THE INTERIM ORDER IN WPC
10693 OF 2012.
EXHIBIT P9 : TRUE COPY OF THE INTERIM ORDER IN WPC
6947/2012.
SR
