Scaria P Thomas vs Kerala Industrial Infrastructure ...
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Kerala High Court

Scaria P Thomas vs Kerala Industrial Infrastructure ... on 11 April, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) No.1628/2019                        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. 1628 OF 2019
   PETITIONER:

          SCARIA P THOMAS, AGED 55 YEARS, S/O P.J.SCARIA, PUNNATHANATHU HOUSE,
          KOOTHATTUKULAM, KOTTAYAM-685662.

   RESPONDENTS:

      1. KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION, KINFRA
         HOUSE, 31/2312, SASTHAMANGALAM, THIRUVANANTHAPURAM-695010
      2. THE SECRETARY, MAZHUVANNUR GRAMA PANCHAYAT, AIRPAPURAM P.O.COCHIN
         683541.
      3. MAZHUVANNUR GRAMA PANCHAYAT, ERNAKULAM DISTRICT- 686 669,REPRESENTED
         BY ITS SECRETARY.
      4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO
         GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.


        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 proceedings pursuant to Ext.P4 pending
   disposal of the Writ Petition in the interest of justice.


        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
   SRI S.SUJIN, Advocate for the petitioner, SRI. P.U.SHAILAJAN, Advocate for
   R1 and of SHRI.N.MANOJ KUMAR, STATE ATTORNEY for R4, the court passed the
   following:
 WP(C) No.1628/2019                             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.1628/2019 3/3 Order Date : 11-04-2024

APPENDIX OF WP(C) 1628/2019 EXHIBIT P1 TRUE COPY OF THE ALLOTMENT LETTER DATED 26.6.2006. EXHIBIT P2 TRUE COPY OF THE LICENCE AGREEMENT EXECUTED BY THE PETITIONER ON 5.10.2006.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION (C) 7829/2012 DATED 26.10.2017.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 14.11.2018 ISSUED BY THE SECRETARY OF THE PANCHAYAT RESPONDENT.