Kerala High Court
The House Of Foods & Chemicals (P) Ltd vs District Industries Centre on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14056 OF 2016
PETITIONER:
THE HOUSE OF FOODS & CHEMICALS (P) LTD.
KANJIKODE, PALAKKAD,REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
SRI.K.P.VIJAYAN
SRI.V.N.HARIDAS
RESPONDENTS:
1 DISTRICT INDUSTRIES CENTRE
PALAKKAD, REPRESENTED BY ITS GENERAL MANAGER.
2 THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE, PALAKKAD - 678 001.
3 THE SECRETARY
DEPARTMENT OF INDUSTRIES, SECRETARIAT,
THIRUVANANTHAPURAM.
4 COMMISSIONER OF LAND REVENUE
DEPARTMENT OF REVENUE, COMMISSIONERATE OF KERALA,
THIRUVANANTHAPURAM.
5 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, KERALA.
BY ADV.
SRI. B.S. SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14056 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.14056 of 2016
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Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"a. issue a writ of certiorari or any other
appropriate writ, order or direction quashing
Exhibits P8 and 10 issued by the 1st respondent,
b. issue a writ of mandamus or any other
appropriate writ or order directing the respondents
to issue a patta in favour of the petitioner Company
for the 70 cents of land comprised in old
Sy.No.463/1 and 601/pt of Pudussery Central
Village in Industrial Development Area Pudussery,
Palakkad District,
c. And pass such other further orders as this
WP(C) NO. 14056 OF 2016
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case and direct the
respondents to provide for the costs of the petitioner."
SIC
2. The main prayer in this writ petition is
against Ext.P8. A reading of Ext.P8 itself would show
that, it is only a show cause notice.
3. When this writ petition came up for
consideration on 07.04.2016, this Court passed a
status quo order and the same was extended until
further orders on 08.06.2016. Today when the matter
came up for consideration, the learned Government
Pleader takes me through paragraph Nos.5 and 6 of
the counter affidavit filed by respondent Nos.1 to 5.
The same is extracted hereunder:
"5. It is respectfully submitted that
WP(C) NO. 14056 OF 2016
petitioner company has closed and not working
for the last so many years and thus committed
breach of agreement and also violated the
provisions of "Kerala Allotment of Government
land in Development Area on hire purchase Rule".
An enquiry was conducted by the Industries
Extension Officer, Malampuzha and found that
the petitioner company was closed down and all
the machineries installed in the company have
been removed from the company. The petitioner
company has violated the provisions of Exhibit P1
Rule by closing the company and dismantling the
machinery and equipments and keeping the land
in idle.
6. It is true to say that the petitioner
company had remitted the full value of the land
at the time of allotment, but it is not a reason for
closing the company. The petitioner company has
not applied for land assignment and Patta is not
issued in its favour. The averments in contrary
are false and misleading."
4. Since, the impugned order is only a show
cause notice, and the petitioner already submitted an
explanation to the same, I think, this writ petition
WP(C) NO. 14056 OF 2016
need not be retained here. All the contentions raised
by the petitioner in this writ petition are left open.
There can be a direction to consider Ext.P9, if the
same is pending, and till then, the interim order can
continue.
Therefore, this writ petition is disposed of with
the following directions:
(i) The 2nd respondent is directed to consider and
pass appropriate orders in Ext.P9, after giving
an opportunity of hearing to the petitioner, if the
same is pending as on today, as expeditiously
as possible, at any rate, within a period of four
months from the date of receipt of a copy of this
judgment.
WP(C) NO. 14056 OF 2016
(ii) Till final orders are passed, all further
proceedings based on Ext.P8 shall be kept in
abeyance.
(iii) If orders are passed in Ext.P9, the copy of the
same shall be communicated to the petitioner
and till then further proceedings based on
Ext.P8 shall be kept in abeyance.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 14056 OF 2016
APPENDIX OF WP(C) 14056/2016
PETITIONER EXHIBITS
P1 A TRUE COPY OF THE GOVERNMENT ORDER BEARING
NO.G.O.MS.169/69/1D DATED 05.04.1969 ALONG WITH
RULES APPENDIX THEREIN.
P2 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)
108/98/RD DATED 06.02.1992 OF REVENUE
DEPARTMENT TO THE PETITIONER COMPANY.
P3 A TRUE COPY OF THE GOVERNMENT ORDER DTD.
8.7.1991 ALLOTTING 30 CENTS OF LAND TO THE
PETITIONER COMPANY.
P4 A TRUE COPY OF AGREEMENT DTD. 17.12.1988
ENTERED INTO BETWEEN THE PETITIONER COMPANY
AND THE GOVERNMENT.
P5 A TRUE COPY OF AGREEMENT DTD. 6.8.1991
ENTERED INTO BETWEEN THE PETITIONER COMPANY
AND THE GOVERNMENT.
P6 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE
1ST RESPONDENT DATED 26.11.2002.
P7 A TRUE COPY OF THE CERTIFICATE NO.I/5988/82(B)
DTD. 25.01.2006 ISSUED FROM THE 2ND
RESPONDENT TO THE MANAGER, STATE BANK OF
INDIA, THRISSUR.
P8 A TRUE COPY OF THE NOTICE DATED 25.11.2015
BEARING NO.I2/5988/1983(B) FROM THE 2ND
RESPONDENT TO THE PETITIONER COMPANY.
P9 A TRUE COPY OF THE REPLY DATED 01.12.2015 FROM
THE PETITIONER COMPANY TO THE 2ND
RESPONDENT.
P10 A TRUE COPY OF THE NOTICE DATED 10.02.2016
FROM THE 2ND RESPONDENT TOTHE PETITIONER
WP(C) NO. 14056 OF 2016
COMPANY.
P11 A TRUE COPY OF THE REPLY DATED 24.02.2016 FROM
THE PETITIONER COMPANY TO THE 2ND
RESPONDENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
