Kamala Bakery vs State Of Kerala
2021 Latest Caselaw 14446 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A.M.BADAR
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        WP(C) NO. 7340 OF 2021
PETITIONERS:

    1       KAMALA BAKERY
            A PARTNERSHIP FIRM,KACHERIPPADY,
            NORTH PARAVUR,PIN-683513,REPRESENTED BY ITS PARTNER
            SHRI.GOVINDA RAJ.K.N,AGED 58 YEARS,
            S/O LATE NARAYANAN,RESIDING AT KAMALALAYAM,
            PERUVARAM WEST DESAM,KOTTUVALY VILLAGE,
            NORTH PARAVUR,PIN-683513.

    2       SANTHARAM @ BABY,
            AGED 51 YEARS
            S/O LATE NARAYANAN,RESIDING AT KAMALALAYAM,PERUVARAM
            WEST DESAM,
            KOTTUVALY VILLAGE,NORTH PARAVUR,
            PIN-683513,MANAGING PARTNER,KAMALA
            BAKERY,KACHERIPPADY,NORTH PARAVUR,
            PIN-683513.

            BY ADVS.
            T.M.RAMAN KARTHA
            SMT.MANJU R. KARTHA
            SMT.M.S.SOUJATH
            SMT.KEERTHI.S.NAIR


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY,
            DEPARTMENT OF REVENUE,GOVERNMENT
            SECRETARIAT,TRIVANDRUM-695001.

    2       DISTRICT COLLECTOR,
            KAKKANAD,ERNAKULAM-682030.

    3       DEPUTY TAHSILDAR,
            NORTH PARAVUR TALUK,PIN-683513.

    4       DEPUTY LABOUR COMMISSIONER,
            ERNAKULAM,PIN-682030.

    5       V.G.RAJAPPAN,
 WP(C) NO. 7340 OF 2021
                                2

          KALATHIL HOUSE,KARIMALIL,
          MANAKKAPPADY,KARUMALLOOR POST,
          PIN-683611.


OTHER PRESENT:

          SRI.RON BASTIAN, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7340 OF 2021
                                    3

                                 JUDGMENT

The learned counsel for the petitioners on instructions submits that

the petitioners want to withdraw the instant petition in the wake of

disposal of the applications at Exts.P7 and P8. She submits that the

petitioners desire to challenge the orders passed on Exts.P7 and P8

before the appropriate Forum and therefore, the petitioner wants to

withdraw the instant petition. The petition is accordingly dismissed as

withdrawn with the liberty as sought.

Nsd                                               SD/-


                                              A.M.BADAR
                                                 JUDGE
 WP(C) NO. 7340 OF 2021


                      APPENDIX OF WP(C) 7340/2021

PETITIONER ANNEXURE

EXHIBIT P1             TRUE COPY OF THE PARTNERSHIP DEED DATED

30/03/2016 OF THE 1ST PETITIONER

EXHIBIT P2 TRUE COPY OF THE STATUTORY LICENSE ISSUED FROM NORTH PARAVUR MUNICIPALITY DATED 22.05.2020

EXHIBIT P3 TRUE COPY OF STATUTORY LICENSE ISSUED FROM FSSAI DATED 5.10.2020

EXHIBIT P4 TRUE COPY OF GST REGISTRATION CERTIFICATE DATED 19.6.2020 ISSUED BY THE GOVERNMENT OF INDIA.WITH ENGLISH TRANSLATION

EXHIBIT P5 TRUE COPY OF NOTICE ISSUED BY THE 4TH RESPONDENT VIDE RRC NO.2020/6067/07 DATED 29/12/2020 WITH ENGLISH TRANSLATION

EXHIBIT P5(A) TRUE COPY OF DEMAND NOTICE ISSUED BY THE 4TH RESPONDENT DATED 29/12/2020,WITH ENGLISH TRANSLATION

EXHIBIT P6 TRUE COPY OF ORDER DATED 26.4.2019 UNDER S.7(4)(B)OF PAYMENT OF GRATUITY ACT,1972,IN G.C.NO.343/2018 ISSUED BY THE 4TH RESPONDENT WITH ENGLISH TRANSLATION

EXHIBIT P6(A) TRUE COPY OF MODIFIED ORDER DATED 28.10.2019 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE INTERLOCUTORY APPLICATION IN G.C.NO.343/2018 TO SET ASIDE THE EXPARTE ORDER FILED BEFORE THE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,1972 (4TH RESPONDENT)DATED 23.02.2021.

EXHIBIT P8 TRUE COPY OF PETITION TO CONDONE THE DELAY IN G.C.NO.343/2018 FILED BEFORE THE 4TH RESPONDENT DATED 23.2.2021.