Crust 'N' Crumb Food Innovations India ... vs The Managing Director, Kerala ...
2024 Latest Caselaw 16061 Ker

Kerala High Court

Crust 'N' Crumb Food Innovations India ... vs The Managing Director, Kerala ... on 7 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE EASWARAN S.
        FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                          WP(C) NO. 16506 OF 2018
PETITIONER:

            CRUST 'N' CRUMB FOOD INNOVATIONS INDIA LTD.
            BLOCK NO. 32, KINFRA SMALL INDUSTRIES PARK,
            NELLAD P.O., ERNAKULAM, KERALA-686 669,
            REPRESENTED BY DIRECTOR NOUSHAD NAINA M.S.

            BY ADV
            SRI.S.SUJIN


RESPONDENTS:

    1       THE MANAGING DIRECTOR, KERALA INDUSTRIAL INFRASTRUCTURE
            DEVELOPMENT CORPORATION LTD.
            KINFRA HOUSE, SASTHAMANGALAM,
            THIRUVANANTHAPURAM-695 010.

    2       THE PRINCIPAL SECRETARY
            INDUSTRIES & COMMERCE DEPARTMENT, GOVERNMENT OF KERALA,
            VIKASBHAVAN, THIRUVANANTHAPURAM-695 010.

    3       THE PARK MANAGER
            KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
            CORPORATION LTD., NELLAD,
            MAZHUVANNUR, ERNAKULAM-686 669.

            BY ADV
            SMT.LATHA ANAND
            SMT. PREETHA.K.K., SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16506 OF 2018           -2-



                               JUDGMENT

The reliefs sought for in the writ petition are as

follows:

"i) To issue a writ of certiorari or any other appropriate writ, order or direction to issue certiorari quash Exhibit.P11 issued by the respondent on 09.04.2018;

ii) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to permit the change of the name of the unit as Crust N Crumb Food Innovations India Ltd.,

iii) To grant such other reliefs which this Hon'ble Court may deem fit and proper in the nature and circumstances of the case interest of justice"

2. By Ext.P11, the communication was issued by

KINFRA stating that permission to occupy can be

granted only on payment of difference in lease premium

by the new allottee. It appears that after the initial

allotment, the composition of the petitioner company was

changed and new directors were taken which led to the

order impugned.

3. When the present writ petition was taken up

for consideration today, the learned counsel appearing

for the petitioner placed reliance on the judgment of the

Division Bench in Writ Appeal No.592 of 2022 dated

25.03.2024 in which directions were issued as follows:

"3. Having considered the facts and circumstances of the case, a final decision shall be taken in this matter, after adverting to new Rule as well. We, reserve all the liberties to the respondent to challenge any decision thereon."

In the light of the above, this Court deem it

appropriate to dispose of the writ petition directing

respondent No. 2 to consider the issue afresh in the light

of the Government Rule which has come as per G.O.(P)

No.309/2023/RD Thiruvananthapuram dated 11.12.2023

and take appropriate decisions in this regard within a

period of three(3) months from the date of receipt of the

copy of the judgment. Till such time a decision is taken,

the proceedings pursuant to Ext.P11 shall be kept in

abeyance. In other words the demand under Ext.P11

shall be enforced only subject to the decision that is to be

taken in this regard by the respondents. The contentions

of the parties are however left open.

Sd/-

EASWARAN S. JUDGE

vv

APPENDIX OF WP(C) 16506/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED 02.11.2009 EXECUTED BETWEEN KINFRA AND MATHEWSONS INDUSTRIES INDIA LTD.

EXHIBIT P2 TRUE COPY OF CERTIFICATE DATED 01.08.2017 OF REGISTRAR OF COMPANIES.

EXHIBIT P3 TRUE COPY OF PERMISSION GRANTED BY THE RESPONDENT KINFRA ON 19.5.17.

EXHIBIT P4 TRUE COPY OF AMENDED INCORPORATION CERTIFICATE DATED 12.09.2017 ISSUED BY THE REGISTRAR OF COMPANIES.

EXHIBIT P5 TRUE COPY OF MASTER DATA ISSUED BY THE REGISTRAR OF COMPANIES.

EXHIBIT P6 TRUE COPY OF THE GST CERTIFICATE ISSUED BY THE GOVERNMENT OF INDIA.

EXHIBIT P7 TRUE COPY OF NEW PAN CARD FROM INCOME TAX DEPARTMENT.

EXHIBIT P8 TRUE COPY OF NEW TAN CERTIFICATE FROM INCOME TAX DEPARTMENT.

EXHIBIT P9 TRUE COPY OF THE CURRENT ACCOUNT PASS BOOK FROM INDIAN BANK.

EXHIBIT P10 TRUE COPY OF APPLICATION DATED 13.09.2017 ALONG WITH SHARE HOLDERS LIST.

EXHIBIT P11 TRUE COPY OF THE REPLY DATED 09.04.2018 OF THE 1ST RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE RESPONDENT'S LAND DISPOSAL REGULATIONS, 1995.

EXHIBIT P13 TRUE COPY OF THE REGULATION WHICH WAS AN IN ORCE AT THE TIME WHEN THE LAND WAS ALLOTTED