State Of Kerala vs P.A.Phaisal
2022 Latest Caselaw 3745 Ker

WA No.1104/2018                                  1/1

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                             &
                          THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
                  Thursday, the 24th day of March 2022 / 3rd Chaithra, 1944
                                     WA NO. 1104 OF 2018

          AGAINST JUDGMENT DATED 16/12/2016 IN WPC 35049/2007 OF THIS COURT

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   APPELLANTS/RESPONDENTS 1 TO 3 IN W.P.(C):

      1. STATE OF KERALA, REPRESENTED BY THE SECRETARY,INDUSTRIES(F)
         DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM.
      2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTER,WATER WORKS
         COMPOUND, THIRUVANANTHAPURAM.
      3. THE DIRECTOR, INDUSTRIES & COMMERCE,THIRUVANANTHAPURAM- 695 021.

    BY GOVERNMENT PLEADER

   RESPONDENT/PETITIONER & 4TH RESPONDENT IN W.P.(C):

      1. P.A.PHAISAL, MANAGING PARTNER, INTERNATIONAL RUBBER
         WORKS,DEVELOPMENT AREAS, VELI, THIRUVANANTHAPURAM.
      2. T.J.FAISAL, MANAGING PARTNER, M/S. STANDARD CLAYS & MINERALS,
         DEVELOPMENT AREA VELI,THIRUVANANTHAPURAM.

    BY ADV.SRI. P.B.KRISHNAN FOR R1.

    ADV.SRI. K.I.MAYANKUTTY MATHER FOR R2.

        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to stay the operation & implementation of the Judgment dated 16.12.2016 in
   WP(C) No.35049/2007, pending disposal of the Writ Appeal.
        This Writ Appeal coming on for orders on 24.03.2022 upon perusing
   the appeal memorandum, the court on the same day passed the following:
                                      ORDER

Resumption of land by the Government has been set aside by the judgment dated 16/12/2016 in W.P.(C)No.35049/2007. Hence, the instant appeal.

The subject land shall not be conveyed by creating 3rd party interest.

Post the matter after vacation.

24/03/2022 Sd/-S.MANIKUMAR,CHIEF JUSTICE

Sd/- SHAJI P.CHALY, JUDGE

24-03-2022 /True Copy/ Assistant Registrar