Kerala High Court
Abraham Zachariah vs The State Of Kerala on 6 June, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 6199 OF 2018
PETITIONER/S:
1 ABRAHAM ZACHARIAH, S/O. K.M. ZACHARIAH, KALISSERIL HOUSE,
PUTHANPALAM JUNCTION, CHINGAVANAMKIZHAKKU, NATTAKOM,
KOTTAYAM - 686 013.
2 BABU KOCHARIA, KARAKKATU PARAMBIL, MANJOORAN ROAD,
MUTTAMBALAM P.O., KOTTAYAM - 686 013.
BY ADVS.
SRI.SAIBY JOSE KIDANGOOR
SRI.BENNY ANTONY PAREL
SRI.N.B.BALACHANDRAN
SRI.MATHEWS RAJU
SRI.P.M. MOHAMMED SALIH
KUM.PARVATHY VIJAYAN
SMT.S.SIBHA
RESPONDENT/S:
1 THE STATE OF KERALA
REP.BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 INDUSTRIES J DEPARTMENT
REPRESENTED BY THE PRINCIPAL SECRETARY, GOVT. OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
W.P.(C) No.6199/2018
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3 DEPARTMENT OF REVENUE
REP.BY ITS PRINCIPAL SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 THE DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM - 686 101.
5 MS. TECIL CHEMICALS AND HYDRO POWER LTD.
REGISTERED OFFICE AND WORKS AT CHINGAVANAM, KOTTAYAM
DISTRICT, KERALA, REP. BY THE CHAIRMAN & MANAGING
DIRECTOR, VARGHESE KURIEN, CHINGAVANAM P.O., KOTTAYAM
DISTRICT, KERALA - 686 531.
6 SHREENIWAS.B.SOMANI
CEO, M/S.TECIL CHEMICALS AND HYDRO POWER LTD.,
CHINGAVANAM P.O., KOTTAYAM DISTRICT, KERALA - 686 531.
OTHER PRESENT:
SRI.JUSTIN JACOB -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.6199/2018
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JUDGMENT
The present writ petition has been filed seeking the
following reliefs:
"i. Issue a writ of mandamus or any appropriate writ, order
directing the 4th Respondent to take appropriate steps to
refrain the 5th and 6th Respondents from illegally and
wrongfully parting with the TECIL premises at Chingavanam
ii. Issue a writ of mandamus or any appropriate writ, order or
direction to the 4th Respondent to consider and pass
appropriate orders on Exhibits P 14."
2. The petitioners are the erstwhile employees of the
5th respondent. Under the Industrial Dispute Act, the District
Collector has no power to grant the relief as sought in the
present writ petition.
This Court finds the writ petition to be wholly
misconceived, which is hereby dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
APPENDIX OF WP(C) 6199/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER DATED
16.01.2003.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
19.09.2005.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED
22.05.2006.
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON
14.02.2007.
EXHIBIT P5 TRUE COPY OF THE ORDER IN W.P.(C) 25627/2006
DATED 04.09.2008.
EXHIBIT P6 TRUE COPY OF THE OFFER LETTER OF AYYAPPA HYDRO
POWER LTD DATED 28.06.2008.
EXHIBIT P7 TRUE COPY OF THE ORDER IN W.P.(C) 2280/2013 DATED
23.01.2013.
EXHIBIT P8 TRUE COPY OF THE REPLY OF THE RTI OFFICER NO. E 11-
45353/14 DATED 25.09.2014.
EXHIBIT P9 TRUE COPY OF THE REPLY NUMBER E5-79282/2017/FC
RECEIVED BY THE 3RD PETITIONER HEREIN VIA RIGHTS
TO INFORMATION ACT DATED 04.12.2017.
EXHIBIT P10 TRUE COPY OF THE APPLICATION FILED BEFORE THE
LAND TRIBUNAL, KOTTAYAM DATED 05.10.2016.
EXHIBIT P11 TRUE COPY OF THE RECENT NOTICE DATED 20.09.2017.
EXHIBIT P12
TRUE COPY OF THE CERTIFICATE OF INCORPORATION
DATED 13.12.2016.
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION PREFERRED BY
THE PETITIONER'S DATED 11.10.2017 BEFORE THE
CHIEF MINISTER AND REVENUE MINISTER.
EXHIBIT P14 TRUE COPY OF THE REPRESENTATION PREFERRED BY
THE PETITIONERS DATED 23.10.2017.
