M/S Aceller Steels (P) Ltd vs The Secretary
2024 Latest Caselaw 10546 Ker

Kerala High Court

M/S Aceller Steels (P) Ltd vs The Secretary on 11 April, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) No.22067/2011                        1/3                        Order Date : 11-04-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
            Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
                              WP(C) NO. 22067 OF 2011
   PETITIONER:

          M/S ACELLER STEELS (P) LTD XXII/327-H, INDUSTRIAL DEVELOPMENT AREA,,
          ANGAMALY SOUTH, ERNAKULAM DISTRICT, PIN-683 573,, REPRESENTED BY ITS
          MANAGING DIRECTOR,, SHRI. FAREED T.K.

   RESPONDENTS:

      1. THE SECRETARY, ANGAMALY MUNICIPALITY, MUNICIPAL OFFICE,, P.B.NO.30,
         ANGAMALY, ERNAKULAM DISTRICT.
      2. THE ANGAMALY MUNICIPALITY, MUNICIPAL OFFICE, P.B.NO.30, ANGAMALY,,
         ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY.
      3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM.

        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 stay all further prceeedings pursuant to Exts.P2 & P4, issued
   try the respondent muncipality, pending disposal of the above writ
   petition.
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S SRI.N.N.SUGUNAPALAN (SR.), SMT.NITA.N.S. & SRI.S.SUJIN, Advocates for
   the petitioner, SRI.R.S.SARAT Advocate for R1 and of GOVERNMENT PLEADER
   for R3, the respondents, the court passed the following:
 WP(C) No.22067/2011                             2/3                           Order Date : 11-04-2024




                               DINESH KUMAR SINGH, J.
                        ---------------------------------------------------
             W.P (C.) No.22067 of 2011, 10485 of 2015, 40201 of 2016,
              19313 & 21094 of 2017, 9293,13719 & 13760 of 2018,
              1628, 17755 & 23358 of 2019, 19860 of 2021, 3671 &
                                  11694 of 2022
                      --------------------------------------------------------
                         Dated this the 11th day of April, 2024

                                            ORDER

Ms. Jasmin M.M, learned Government Pleader submits

that in all these petitions, the common question of law and

fact is involved. A Counter affidavit has been filed in one of

the writ petitions ie, W.P(C.) No.40201 of 2016, and the

said counter affidavit is adopted in all other writ petitions.

She does not wish to file separate counter affidavit in each

the petitions.

The learned Senior counsel for the petitioners submits

that he would like to file reply to the counter affidavit

within a period of four weeks.

Post on 27.05.2024.

Sd/-

DINESH KUMAR SINGH

JUDGE AP WP(C) No.22067/2011 3/3 Order Date : 11-04-2024

APPENDIX OF WP(C) 22067/2011 Exhibit P1 TRUE PHOTOCOPY OF THE JUDGMENT REPORTED IN ILR NO.2007(2) 368.

Exhibit P2 TRUE PHOTOCOPY OF THE NOTICE DATED 11/7/2011 ISSUED BY THE 1ST RESPONDENT MUNCIPALITY.

Exhibit P3 TRUE COPY OF THE EXPLANATION DATED 13/7/2011 GIVEN BY THE PETITIONER BEFORE RESPONDENT MUNCIPALITY Exhibit P4 TRUE COPY OF THE REPLY NOTICE DATED 25/7/2111 RECEIVED FROM THE RESPONDENT MUNCIPALITY. Exhibit P5 TRUE COPY OF THE EXPLANATION DATED 2/8/2011 GIVEN BY THE PETITIONER BEFORE THE 1ST RESPONDENT MUNCIPALITY.