Citation : 2023 Latest Caselaw 6921 Ker
Judgement Date : 22 June, 2023
WP(C) No.32221/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 22nd day of June 2023 / 1st Ashadha, 1945
WP(C) NO. 32221 OF 2022
PETITIONER:
TATA ELXSI LIMITED, REGISTERED AS OFFICE AT 123 RICHMOND ROAD,
BANGALORE-560025, AND HAVING ITS BRANCH AT NEYYAR BUILDING, TECHNO
PARK, KARYAVATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORIZED
SIGNATORY.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001
2. THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001
3. THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS SECRETARY, VIKAS
BHAVAN, LMS VELLAYAMBALAM ROAD, OPPOSITE UNIVERSITY OF KERALA,
SENATE HOUSE CAMPUS, THIRUVANANTHAPURAM, KERALA-695033
4. THE CHARGE OFFICER, THIRUVANANTHAPURAM CORPORATION, AATTIPRA ZONAL
OFFICE, KULATHOOR, MOONNATTUMUKKU JUNCTION, KULATHOOR P O, PIN: 695
583, THIRUVANANTHAPURAM DISTRICT.
5. THE SINGLE WINDOW CLEARANCE BOARD, REPRESENTED BY ITS CHAIRMAN AND
DISTRICT COLLECTOR, 2ND FLOOR, CIVIL STATION BUILDINGS,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM. 695043
6. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, WATER WORKS
COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695003.
7. ELECTRONICS TECHNOLOGY PARKS, KERALA, REG. OFFICE AT KARIAVATTOM,
THIRUVANANTHAPURAM - 695 581, REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to 1. prevent the respondents 3 and 4 by way of an order that
they should not go ahead with Exhibit P3 demand notice related to the
building of the petitioner in Exhibit P1 land, till final disposal of the
above Writ Petition (CIVIL). 2) direct the respondents 3 and 4 to
consider and dispose of Exhibit P11 during pendency of the above Writ
Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
30/03/2023 and upon hearing the arguments of M/s. SREEKALA KRISHNADAS,
C.VIVEK, ASHLY JAMES, RENJINI RAMESHAN & APARNA NAIR Advocates for the
petitioner, SRI.N.NANDAKUMARA MENON Senior Advocate along with
M/s.P.K.MANOJKUMAR, Standing Counsel, and SRI. SUMAN CHAKRAVARTHY,
Standing Counsel for R3, SRI.N.NANDAKUMARA MENON, Senior Advocate along
with SRI.P.K.MANOJKUMAR, standing counsel for R4 and of M/s.Rashmi K V &
WP(C) No.32221/2022 2/4
ANIL THOMAS Advocates for R7, the court passed the following:
WP(C) No.32221/2022 3/4
C.S DIAS,J.
---------------------------
WP(C) No.32221 of 2022
-----------------------------
Dated this the 22nd day of June, 2023 .
ORDER
Admitted. Pleadings complete.
It is submitted that Ext P10 judgment passed by this Court
in an identical situation that is now pending consideration in a
writ appeal. Therefore, I am of the definite view that this writ
petition can be decided subject to the decision in the writ
appeal.
Resultantly, the interim order dated 12.10.2022 will stand
extended by six months.
sd/-
sks/22.6.2023 C.S.DIAS, JUDGE
WP(C) No.32221/2022 4/4
APPENDIX OF WP(C) 32221/2022
Exhibit-P3 TRUE COPY OF THE DEMAND NOTICE DATED 20.09.2022 BEARING
NO. NIL ISSUED BY THE THIRUVANANTHAPURAM CORPORATION Exhibit-P11 TRUE COPY OF THE REPRESENTATION DATED 27.09.2022 SO SUBMITTED VIA EMAIL BY THE PETITIONER TO THE 3RD RESPONDENT THROUGH ITS SECRETARY.
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