P.S.Krishnakumar vs Kerala Sidco
2021 Latest Caselaw 7530 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                   WP(C).No.27419 OF 2020(B)


PETITIONER:

              P.S.KRISHNAKUMAR,
              AGED 54 YEARS,
              S/O SIVAN PILLAI,
              PROPRIETOR,
              NAUTICAL LINES,
              SHED NO.C-10,
              INDUSTRIAL ESTATE P.O,
              THIRUVANANTHAPURAM-19.

              BY ADV. SRI.BEPIN VIJAYAN

RESPONDENTS:

     1        KERALA SIDCO,
              REPRESENTED BY ITS MANAGING DIRECTOR,
              PB NO.50,
              HOUSING BOARD BUILDING,
              6TH FLOOR, SANTHI NAGAR,
              THIRUVANANTHAPURAM-695001.

     2        THE ESTATE OFFICER,
              SIDCO,
              PB NO.50,
              HOUSING BOARD BUILDING,
              6TH FLOOR, SANTHI NAGAR,
              THIRUVANANTHAPURAM-695001.

     3        THE DISTRICT COLLECTOR,
              THIRUVANANTHAPURAM DISTRICT,
              COLLECTORATE, KUDAPPANAMKUNNU,
              THIRUVANANTHAPURAM-695001.

              R1-2 BY ADV. BIJU G., SC, SIDCO
              R3 SPL. GOVERNMENT PLEADER SRI. SANDESH RAJA K.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.27419/2020
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 4th day of March, 2021

The petitioner is before this Court seeking to quash

Exts.P18, P22, P23, P26, P40, P41 and P45 issued by

respondents 1 and 2 and their subordinate officers and to

direct respondents 1 and 2 to open up the premises covered

by Ext.P1 and permit the petitioner and his employees to carry

out boat manufacturing activities therein.

2. The petitioner states that he is a B. Tech Graduate

in Naval Architecture and Ship Building. He has vast

experience in design and construction of fiber glass boats and

yachts. By Ext.P1 Agreement dated 19.07.2011, the 1 st

respondent-Kerala SIDCO allotted a plot to the petitioner in

the industrial estate at Pappanamcode. According to the

petitioner, soon after allotment, he invested `30 lakhs and

constructed an additional shed, compound wall and laid WP(C) No.27419/2020

interlocking tiles all over the yard. The petitioner purchased

tools, machinerys and other equipment including boat moulds

for manufacturing of boats. The petitioner was carrying out

boat manufacturing work in the said land from 2012 onwards.

3. While so, the petitioner was issued with Ext.P18

notice stating that the shed allotted to him is kept idle and

proposing to terminate Ext.P1 Agreement. The petitioner

submitted Ext.P19 reply dated 11.07.2016. However, the

petitioner was again issued Ext.P22 letter dated 17.02.2017

stating that the unit is lying idle and the petitioner has to

personally give explanation to the Industrial Infrastructure

Divisional Head. The petitioner submitted Ext.P24 reply dated

21.02.2017 to the District Manager stating that the building is

not remaining idle and is being used.

4. The petitioner was again issued with Ext.P26

notice dated 04.04.2017, in which it was again alleged that

the land allotted to the petitioner is remaining idle and that the

petitioner has not given sufficient explanation. The petitioner

would submit that Ext.P27 invoice, Ext.P28 Builders WP(C) No.27419/2020

Certificate, Exts.P29 and P30 tax returns would show that his

unit was not remaining idle. However, the petitioner was

served with Ext.P40 order dated 23.10.2017 requiring the

petitioner to surrender possession of the shed to the Estate

Manager. On 09.01.2018, Ext.P41 notice was issued to the

petitioner under the Public Premises (Eviction of

Unauthorised Occupants) Act, 1968 requiring the petitioner to

show cause. The petitioner submitted Ext.P42 reply.

Nevertheless, the Estate Officer issued Ext.P45 order of

eviction under Section 5(1) of the Kerala Public Buildings

(Eviction of Unauthorised Occupants) Act.

5. Aggrieved by Ext.P45 order of eviction, the

petitioner preferred Ext.P46 appeal before the 3 rd respondent-

District Collector. The said appeal was rejected by the 3 rd

respondent on the ground that it was filed after the expiry of

the period prescribed for filing appeal.

6. The petitioner would contend that the termination of

Ext.P1 Agreement and taking over of the land allotted to him

thereunder, is with ulterior motives. The petitioner has been WP(C) No.27419/2020

diligently doing business in the premises and still notices were

issued to him. The petitioner has sufficient materials with him

to prove that he was doing business in the shed and the land

allotted to him did never remain idle. The petitioner had

produced documentary proof also in this regard. However,

eviction order was passed without considering the materials

adduced by the petitioner.

7. The petitioner would further contend that

respondents 1 and 2 and officers under them are acting out of

animosity. Had the 3rd respondent-District Collector

considered his appeal on merits, the impugned termination

order would have been set aside by the Appellate Authority.

However, his appeal has been rejected as time barred.

8. Respondents 1 and 2 opposed the writ petition.

The statement filed by respondents 1 and 2 would show that

there are disputes between the petitioner and respondents 1

and 2 in respect of alleged violation by the petitioner of certain

agreements for manufacturing and supply of boats.

Respondents 1 and 2 would reiterate that during the relevant WP(C) No.27419/2020

period, the land and shed allotted to the petitioner were

remaining idle and respondents 1 and 2 had no other go than

to take over the land and the shed in public interest.

9. I have heard the learned counsel for the petitioner,

learned Standing Counsel for respondents 1 and 2 and the

learned Government Pleader appearing for the 3 rd respondent.

10. Going through the pleadings in the writ petition, it is

clear that there are serious disputes between the petitioner

and respondents 1 and 2 in respect of certain agreements

entered into by the latter with the petitioner for manufacturing

and supply of three boats. It is admitted by either side that the

petitioner has manufactured and supplied two boats and has

not delivered the third boat.

11. Be that as it may, the petitioner has produced

certain documents before this Court including Exts.P27 and

P28 to show that the shed was not remaining idle during the

relevant time. The counsel for the petitioner would assert that

the petitioner will be able to produce more documents to show

that the industrial unit of the petitioner was functioning in the WP(C) No.27419/2020

premises in question during the relevant time and was not

kept idle. In view of the submissions made by the learned

counsel for the petitioner and in the interest of justice, this

Court is of the opinion that the appeal preferred by the

petitioner before the statutory appellate authority should be

heard on merits.

In the circumstances, the writ petition is disposed of

setting aside Ext.P48 and directing the 3 rd respondent to

consider Ext.P46 statutory appeal filed by the petitioner,

treating the appeal as one filed within time. The 3 rd

respondent shall consider the appeal with notice to the

petitioner and respondents 1 and 2. Final orders on the

appeal shall be passed within a period of three months.

Sd/-

N. NAGARESH, JUDGE

aks/05.03.2021 WP(C) No.27419/2020

APPENDIX OF WP(C) 27419/2020 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 19/07/2011 EXECUTED BY THE PETITIONER AND RESPONDENTS 1 AND 2.

EXHIBIT P2 TRUE COPIES OF THE PHOTOGRAPHS OF THE YARD WITH SHED NO.C-10M AT THE TIME OF allotment.

EXHIBIT P3            TRUE COPIES OF THE PHOTOGRAPH OF THE
                      YARD   WITH   SHED   NO    C-10   AFTER

COMPLETION OF THE RENOVATION WORK.

EXHIBIT P4 TRUE COPY OF THE LETTER OF EMPANELMENT NO.CONSY/EMP/2013 DATED 22.06.2013 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE AGREEMENT DATED 24.06.2013 EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 05.07.2013 ISSUED TO THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM(HOME DEPARTMENT) BY THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 05.07.2013 ISSUED TO THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) (FOREST DEPARTMENT) BY THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 20.07.2013 ISSUED TO THE ADDL CHIEF SECRETARY TO GOVERNMENT (INDUSTRIES AND IT DEPARTMENT) BY THE 1ST RESPONDENT.

WP(C) No.27419/2020

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 11.09.2013 ISSUED TO THE PRINCIPAL SECRETARY TO GOVERNMENT (INDUSTRIES DEPARTMENT) BY THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 25.11.2013 SENT BY THE 1ST RESPONDENT TO THE DEPARTMENT OF INDUSTRIES REQUESTING APPROVAL FOR SUPPLY OF FIBERGLASS BOATS.

EXHIBIT P11 TRUE COPY OF THE PURCHASE ORDER NO.10762 DATED 06.02.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE LETTER PURCHASE ORDER NO.21523 DATED 31.03.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P13 TRUE COPY OF THE PURCHASE ORDER NO.21525 DATED 31.03.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P14           TRUE COPY OF THE PORT REGISTRATION
                      CERTIFICATE                    BEARING

NO.KIV/KLM/PV/0085/16 DATED 27.01.2016 FOR THE SIX SEATED BOAT.

EXHIBIT P15           TRUE COPY OF THE PORT REGISTRATION
                      CERTIFICATE         BEARING         NO

KIV/KLM/PV/0087/16 DATED 06.02.2016 FOR THE TWELVE SEATED BOAT.

EXHIBIT P16 PHOTOGRAPH OF THE FIFTEEN SEATER BOAT TAKEN BY THE PETITIONER.

EXHIBIT P17 LIST OF THE BOATS CONSTRUCTED AND DELIVERED BY THE ESTABLISHMENT OF THE PETITIONER AFTER THE SIGNING OF EXBT P1 TILL THE END OF 2015.

EXHIBIT P18 TRUE COPY OF THE NOTICE DATED 20.06.2016, ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT.

EXHIBIT P19 TRUE COPY OF THE REPLY DATED WP(C) No.27419/2020

11.07.2016 SUBMITTED BY THE PETITIONER WITH COPY TO THE HON'BLE MINISTER FOR INDUSTRIES.

EXHIBIT P20 TRUE COPY OF PROFORMA INVOICE ISSUED TO WORD WIDE RESORTS & ENTERTAINMENTS PVT LTD.

EXHIBIT P21 TRUE COPY OF THE PROFILE AND MAIN DECK DRAWINGS OF THE BOATS TO BE SUPPLIED TO WORLD WIDE RESORTS AND ENTERTAINMENTS PVT LTD.

EXHIBIT P22           TRUE   COPY   OF   THE    LETTER   DATED
                      17.02.2017    ISSUED    BY     THE   1ST
                      RESPONDENT TO THE PETITIONER.
EXHIBIT P23           TRUE   COPY   OF   THE    NOTICE   DATED
                      18.02.2017   ISSUED    BY    THE   CHIEF
                      ACCOUNTS    OFFICER    OF     THE    1ST
                      RESPONDENT.

EXHIBIT P24           TRUE COPY OF THE REPLY DATED ON

21.02.2017 GIVEN BY THE PETITIONER'S MANAGER TO THE 1ST RESPONDENT.

EXHIBIT P25 TRUE COPY OF THE REPLY NOTICE DATED 08.03.2017 ISSUED BY THE PETITIONER'S LAWYER TO 1ST RESPONDENT.

EXHIBIT P26 TRUE COPY OF THE LETTER DATED 04.04.0017 ISSUED TO THE PETITIONER'S COUNSEL BY THE 1ST RESPONDENT.

EXHIBIT P27 TRUE COPY OF THE INOVICE DATED 1.12.2017 ISSUED TO MR.MAHEEN S BY THE PETITIONER.

EXHIBIT P28 TRUE COPY OF BUILDERS CERTIFICATE NO.

NLI/BC/2017-18/001 DATED 1.12.2017 ISSUED TO MR MAHEEN.S BY THE PETITIONER.

EXHIBIT P29 TRUE COPY OF THE RETURNS SUBMITTED BY THE PETITIONER UNDER THE KERALA VALUE ADDED TAX RULES FOR THE PERIOD 2015- 2016 DATED 2.06.2016.

WP(C) No.27419/2020

EXHIBIT P30 TRUE COPY OF THE RETURNS SUBMITTED BY THE PETITIONER UNDER THE KERALA VALUE ADDED TAX RULES FOR THE PERIOD 2016-17 DATED 10.05.2017.

EXHIBIT P31 TRUE COPY OF LETTER NO.A1-1972/2010 DATED 18-11-2015 FROM WARDEN, FOREST DEPARTMENT.

EXHIBIT P32 TRUE COPY OF LETTER DATED 27/10/2017 SEND BY THE PETITIONER TO THE CONSERVATOR OF FORESTS.

EXHIBIT P33 TRUE COPY OF THE NOTICE DATED 20.10.2017 ISSUED BY THE PETITIONER THROUGH HIS LAWYER TO THE THE WILDLIFE WARDEN, VATTIYOORKAVU, THIRUVANANTHAPURAM.

EXHIBIT P34           TRUE COPY OF THE REPLY DATED 6.11.2017
                      ISSUED   BY    THE  WILDLIFE    WARDEN,
                      VATTIYOORKAVU,       THIRUVANANTHAPURAM

ISSUED TO THE PETITIONER'S LAWYER.

EXHIBIT P35 TRUE COPY OF DEMAND NOTICE UNDER FORM NO.7 DATED 5.01.2018 WERE ISSUED TO THE PETITIONER.

EXHIBIT P36 TRUE COPY OF DEMAND NOTICE UNDER FORM NO.10 DATED 5.01.2018 WERE ISSUED TO THE PETITIONER.

EXHIBIT P37 TRUE COPY OF THE ORDER DATED 28.03.2018 IN WPC NO.11206 OF 2018 OF THIS HON'BLE COURT.

EXHIBIT P38 TRUE COPY OF THE FIR IN CRIME NO.2224/2017 OF VATTIYOORKAVU POLICE STATION.

EXHIBIT P39 TRUE COPY OF THE MAHASSAR OF THE PREMISES AND THE MATERIALS THEREIN PREPARED ON 11.09.2018 IN CRIME NO.2224/2017 OF VATTIYOORKAVU POLICE STATION.

WP(C) No.27419/2020

EXHIBIT P40 TRUE COPY OF THE NOTICE OF TERMINATION ORDER DATED 23.10.2017 TERMINATING THE SALE AGREEMENT IN THE NAME OF THE PETITIONER IN RESPECT OF SHED NO-C-10 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P41 TRUE COPY OF NOTICE DATED 09.01.2018 UNDER SECTION 4 OF THE PUBLIC PREMISE (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT -1968 ISSUED BY 2ND RESPONDENT.

EXHIBIT P42 TRUE COPY OF THE LETTER DATED 20.01.2018 ISSUED BY THE PETITIONER TO THE RESPONDENT REQUESTING NOT TO TAKE FURTHER STEPS.

EXHIBIT P43 TRUE COPY OF THE LIST OF THE FUNCTIONING UNITS PREPARED BY THE THEN ESTATE MANAGER OF THE 1ST RESPONDENT, MR AMBILI KUMAR.

EXHIBIT P44           TRUE   COPY   OF   THE  LIST   OF    THE
                      FUNCTIONING     UNITS    PREPARED     BY
                      GOPAKUMAR   K,    THE  PRESENT    ESTATE
                      MANAGER OF THE 1ST RESPONDENT.

EXHIBIT P45           TRUE        COPY        OF       ORDER
                      NO.ENF/EVC/IE/PPD/NL/17-18       DATED

28.02.2018 UNDER SECTION 5(1) OF THE KERALA PUBLIC BUILDINGS(EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1968 ISSUED BY HE 2ND RESPONDENT.

EXHIBIT P46 TRUE COPY OF THE APPEAL (NO.R/11/131789/18) FILED BY THE PETITIONER UNDER SECTION 10 OF THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT 1968 BEFORE THE 3RD RESPONDENT.

EXHIBIT P47 TRUE COPY OF THE PETITION TO CONDONE DELAY FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P48           TRUE   COPY     OF   THE   ORDER   DATED
 WP(C) No.27419/2020



                      02.09.2019    PASSED    BY   THE      3RD
                      RESPONDENT           IN            APPEAL
                      NO.R/11/131789/18.

EXHIBIT P49           TRUE COPY OF D.D NO.797774 DATED

13.03.2020 OF UNION BANK OF INDIA, TRIVANDRUM MAIN BRANCH.

EXHIBIT P50           TRUE COPY OF THE COVERING LETTER WITH
                      ACKNOWLEDGMENT  OF  RECEIPT   BY    THE
                      TAHSILDAR,      NEDUMANGAD        TALUK
                      ACKNOWLEDGING  RECEIPT   OF    DD    ON
                      13.03.2020.

EXHIBIT P51           TRUE   COPY  OF   THE JUDGMENT  DATED
                      6.02.2020   OF   THIS  HON'BLE  COURT

PERMITTING THE PETITIONER TO WITHDRAW WPC NO.649/2020 WITH LIBERTY TO FILE FRESH WRIT PETITION.

RESPONDENTS' EXHIBITS:

ANNEXURE R1(a) TRUE COPY OF THE PROCEEDINGS DATED 18.7.2011 ALLOTTING SHED NO.C-10 AND SURROUNDING LAND OF 326.40 M2 TO PETITIONER.

ANNEXURE R1(b) TRUE COPY OF THE APPLICATION FOR EMPANELMENT SUBMITTED BY PETITIONER BEFORE THE MANAGING DIRECTOR, SIDCO DATED 22.06.2013 ANNEXURE R1(c) TRUE COPY OF THE EMPANELMENT AGREEMENT DATED 22.06.2013 BETWEEN M/S NAUTICAL LINES AND KERALA SIDCO.

ANNEXURE R1(d) TRUE COPY OF THE REPORT DATED 10.06.2016 OF THE ESTATE MANAGER OF PAPPANAMCODE INDUSTRIAL ESTATE. ANNEXURE R1(e) TRUE COPY OF THE REPORT DATED 20.03.2017 OF THE ESTATE MANAGER. ANNEXURE R1(f) TRUE COPY OF THE REPORT DATED 27.03.217 OF THE ESTATE MANAGER.

ANNEXURE R1(g)        TRUE   COPY   OF    THE    NOTICE   DATE
                      31.05.2019   ISSUED    BY   THE   HEALTH
                      INSPECTOR.

SR