Mavis Resorts And Entertainments ... vs Kerala State Industrial ...
2021 Latest Caselaw 14908 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                         WP(C) NO. 1698 OF 2020


PETITIONERS:

     1       MAVIS RESORTS AND ENTERTAINMENTS PVT LTD
             GREEN VALLEY MULTI THEME PARK,
             PARAKODE, ADOOR, PATHANAMTHITTA 691 554,
             REPRESENTED BY ITS MANAGING DIRECTOR,
             MOHANACHANDRAN K.R.

     2       MOHANACHANDRAN K.R.,
             AGED 63 YEARS
             S/O. KODIYATT RAGHAVAN PILLAI,
             MAKARI HOUSE, ARUKALIKAL WEST,
             ADOOR, PATHANAMTHITTA 691 523.

     3       VIJAYAKUMARI .S,
             AGED 59 YEARS
             W/O. MOHANACHANDRAN K.R.
             KODIYATT RAGHAVAN PILLAI,
             MAKARI HOUSE, ARUKALIKAL WEST,
             ADOOR, PATHANAMTHITTA 691 523.

     4       SACHU ADVAITH MOHANACHANDRAN,
             AGED 28 YEARS
             S/O. MOHANACHANDRAN K.R. AGED 63 YEARS,
             KODIYATT RAGHAVAN PILLAI,
             MAKARI HOUSE, ARUKALIKAL WEST,
             ADOOR, PATHANAMTHITTA 691 523.

             BY ADVS.
             SRI.ASWIN GOPAKUMAR
             SRI.ANWIN GOPAKUMAR
             SRI.K.AMAL NATH NAIK
             SMT.FEMY ANN JOHNSON
             SRI.KANDAMPULLY VIKRAM
 WP(C) NO. 1698 OF 2020
                                      2



RESPONDENTS:

     1       KERALA STATE INDUSTRIAL DEVELOPMENT
             CORPORATION LIMITED, KESTON ROAD, KOWDIAR
             THIRUVANANTHAPURAM 695 003,
             REPRESENTED BY ITS MANAGING DIRECTOR.

     2       DEPUTY GENERAL MANAGER,
             CORPORATE AFFAIRS,
             KERALA STATE INDUSTRIAL DEVELOPMENT
             CORPORATION LIMITED, KESTON ROAD,
             KOWDIAR, THIRUVANANTHAPURAM 695 003.

     3       MANAGER PROJECTS,
             KERALA STATE INDUSTRIAL DEVELOPMENT
             CORPORATION LIMITED, KESTON ROAD, KOWDIAR,
             THIRUVANANTHAPURAM 695 003.

     4       ASSISTANT GENERAL MANAGER
             (PROTECTS), KERALA STATE INDUSTRIAL DEVELOPMENT
             CORPORATION LIMITED, KESTON ROAD, KOWDIAR,
             THIRUVANANTHAPURAM 695 003.

     5       DEPUTY MANAGER (LEGAL),
             KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION
             LIMITED, KESTON ROAD, KOWDIAR,
             THIRUVANANTHAPURAM 695 003.

     6       DEPUTY THAHSILDHAR,
             ADOOR TALUK, TALUK OFFICE, ADOOR 691 523.

     7       VILLAGE OFFICER,
             ADOOR VILLAGE OFFICE, ADOOR 691 523.

           BY ADV SRI.P.U.SHAILAJAN
           SR.GOVT.PLEADER SMT.DEEPA NARAYANAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.07.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 1698 OF 2020
                                   3



                             JUDGMENT

The learned counsel for the petitioner has filed

a fresh petition seeking an interim order of stay of

the coercive actions for recovery of amounts due.

This Court had earlier issued a conditional order

staying the coercive action if the petitioner remits

a sum of ₹50,00,000/-. It is the contention of the

petitioner that soon after the interim order was

passed, covid 19 restrictions had affected his

business considerably and he has not been able to

raise the amounts as directed by this Court. He has

also stated that for some period, the petitioner's

premises were taken over for the purpose of Covid

First Line Treatment Centre and no amounts have been

received for occupation of the premises during the

said period also. In the alternative, the petitioner

also prays that the writ petition came to be filed

hurriedly and he could not incorporate several

documents which needed to be placed before the Court WP(C) NO. 1698 OF 2020

to arrive at a proper conclusion and hence he may be

permitted to withdraw the writ petition with liberty

to move a comprehensive writ petition incorporating

all the necessary documents.

2. Sri.P.U.Shailajan, learned counsel appearing

for the 1st respondent opposed the prayer for stay on

the ground that what is sought is virtually a

variation of the order which was granted earlier. He

also submits that all the necessary documents have

been produced and he has already filed a counter

affidavit in the matter and he is ready to hear the

matter. Since the petitioner submits that several

other documents are needed to be produced, I am of

the opinion that hearing this case with the available

materials will be unfair at this stage. Hence the

petitioner is permitted to withdraw the writ petition

with liberty to move a comprehensive writ petition

including all the necessary documents and pleadings.

The petitioner submits that the petitioner will WP(C) NO. 1698 OF 2020

include the facts relating to what has transpired in

this case, in the writ petition that is to be filed.

The said submission is also recorded.

The writ petition is hence closed with the above

observations. The petitioner may file the writ

petition at the earliest. To facilitate the filing

of the writ petition, the respondents shall not take

coercive steps till 22.07.2021.

Sd/-

T.R.RAVI JUDGE

Pn