Kerala High Court
Sastha Steels Pvt Ltd vs State Of Kerala on 14 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WP(C) NO. 25667 OF 2021
PETITIONER:
SASTHA STEELS PVT LTD NISA, KANJIKODE, PALAKKAD-
678621, REPRESENTED BY ITS MANAGING DIRECTOR,
R.ELANGOVAN.
BY ADV V.A.VINOD
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR, OFFICE OF DIRECTOR OF INDUSTRIES AND
COMMERCE, DIRECTORATE OF INDUSTRIES AND COMMERCE,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
3 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE,
PALAKKAD-678621, BEHIND CIVIL STATION.
*ADDL.R4 ALVIN JOHN
AGED 31YEARS, S/O C I JOHN, CHITTATUKARAKARAN HOUSE,
ROSE GARDENS, THIRUVAMBADY, THRISSUR-680 022
*(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 15-06-2022
IN I.A 1/2022)
BY ADV TOMSON T.EMMANUEL
GP - DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.05.2024, ALONG WITH WP(C) NOS.1394/2021, 16999/2022 AND
4421/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WP(C) NO. 1394 OF 2021
PETITIONER:
SASTHA STEELS PVT. LTD. NIDA, KANJIKODE, PALAKKAD -
678 621 REPRESENTED BY ITS MANAGING DIRECTOR
(DIRECTOR) R.ELANGOVAN.
BY ADV V.A.VINOD
RESPONDENTS:
1 GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR, OFFICE OF DIRECTOR OF INDUSTRIES AND
COMMERCE DIRECTORATE OF INDUSTRIES AND COMMERCE, VIKAS
BHAVAN, THIRUVANANTHAPURAM -695 033.
3 THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE,
PALAKKAD - 678 621.
*ADDL.R4 ALVIN JOHN
S/O C.I JOHN, AGED 31 YEARS,RESIDING AT
CHITTATTUKARAKKARAN HOUSE,ROSE GARDEN THIRUVAMPADY
POST, PIN-680022,THRISSUR DISTRICT
*(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 15/6/2022 IN
I.A 1/2022 IN WPC 1394/21)
BY ADV TOMSON T.EMMANUEL
GP - DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.05.2024, ALONG WITH WP(C) NOS.25667/2021, 16999/2022
AND 4421/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WP(C) NO. 16999 OF 2022
PETITIONER:
ALVIN JOHN., AGED 31 YEARS S/O. C I JOHN,
CHITTATUKARAKARAN HOUSE, ROSE GARDENS, THIRUVAMBADY,
THRISSUR - 680 022, THRISSUR DISTRICT.
BY ADV TOMSON T.EMMANUEL
RESPONDENTS:
1 DISTRICT INDUSTRIES CENTRE, DEPARTMENT OF INDUSTRIES
AND COMMERCE, NEAR CIVIL STATION, PALAKKAD - 678 621,
REPRESENTED BY ITS GENERAL MANAGER.
2 THE DIRECTOR, OFFICE OF THE DIRECTOR OF INDUSTRIES
AND COMMERCE, DIRECTORATE OF INDUSTRIES AND COMMERCE,
VIKAS BHAVAN P O; THIRUVANANTHAPURAM - 695 033.
3 INSPECTOR OF POLICE, WALAYAR POLICE STATION, PALAKKAD
- 678 625, REPRESENTED BY STATION HOUSE OFFICER.
4 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
*ADDL.R5 SASTHA STEELS PVT. LTD.
NIDA, KANJIKODE, PALAKKAD - 678 621.
*[ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
15.06.2022 IN I.A.1/2022 IN WP(C)16999/2022.]
BY ADV V.A.VINOD
GP - DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.05.2024, ALONG WITH WP(C) NOS.25667/2021, 1394/2021 AND
4421 OF 2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
:4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WP(C) NO. 4421 OF 2024
PETITIONER:
SASTHA STEELS PVT LTD NIDA, KANJIKODE, PALAKKAD,
REPRESENTED BY ITS DIRECTOR, R. ELANGOVAN, PIN -
678621
BY ADVS. V.A.VINOD SANTHOSH MATHEW ARUN THOMAS VEENA
RAVEENDRAN KARTHIKA MARIA ANIL SEBASTIAN PULICKEL
SHINTO MATHEW ABRAHAM ABI BENNY AREECKAL MATHEW NEVIN
THOMAS KARTHIK RAJAGOPAL KURIAN ANTONY MATHEW LEAH
RACHEL NINAN JOE S. ADHIKARAM
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY
DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OFFICE OF DIRECTOR OF INDUSTRIES AND
COMMERCE, DIRECTORATE OF INDUSTRIES AND COMMERCE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
3 THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE,
PALAKKAD, PIN - 678621
4 ALVIN JOHN AGED 32 YEARS S/O C.I JOHN,
CHITTATHUKARAKARAN HOUSE, ROSE GARDENS, THIRUVAMBADY,
THRISSUR, PIN - 680022
BY ADV TOMSON T.EMMANUEL
GP - DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.05.2024, ALONG WITH WP(C) NOS.25667/2021, 1394/2021 AND
16999/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
:5:
VIJU ABRAHAM , J.
========================================
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of
2024
========================================
Dated this the 14th day of May, 2024
JUDGMENT
Since the issues raised in all these writ petitions are common,
they are heard and disposed of by this common judgment.
2. In WP(C) No. 1394 of 2021, petitioner is a company that
undertakes the production of steel bars and the plant is situated in
the Kanjikode Industrial Area which started its operation in the year
2004, and the 3rd respondent allotted 196.33 cents of land for
setting up a steel plant. Pursuant to the said allotment, the
company was established and the company was given a further
allotment of land also by the 3 rd respondent for expansion of the
company. The petitioner company participated in auction
proceedings of Kerala Financial Corporation and acquired 1 acre of
land comprised in Sy.No.639 E/3 of Pudusserry Central Village of
Palakkad Taluk. After purchasing the said land through auction, the
petitioner company was given possession of land by the Kerala
Financial Corporation. The auction was conducted by the Kerala
Financial Corporation after getting permission from the 2 nd
respondent who is the Director of Industries and Commerce.
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
Thereafter, the 3rd respondent issued Ext.P1 order allotting this 1
acre of land in Sy.No. 639 E/3 in favour of the petitioner company.
Petitioner submits that as per Ext.P1, a condition has been
stipulated that the petitioner company shall only use the said
extent of land for stockyard purposes. Later on, the petitioner
entered into Ext.P2 articles of agreement with the 3 rd respondent in
respect of the above-said land. The petitioner company sought for
further allotment of additional 2 acres of land for utilizing the
installed capacity in full and for shifting the workshop which is
situated near the furnace area. Pursuant to the same, by Ext.P3
order, the petitioner was allotted 150 cents of land in Sy.No. 368,
370, 374 of Pudussery Village of Palakkad Taluk.
3. Based on a report filed by the Industrial Officer, a notice
for hearing was issued to the company stating that the land allotted
pursuant to Ext.P3 was not utilized so far and the petitioner
appeared for the hearing and sought some time for setting up
additional unit in the land allotted as per Ext.P3. But without giving
such an opportunity, the 3rd respondent issued Ext.P4 order,
whereby this 150 cents of land allotted as per Ext.P3 comprising Sy.
Nos. 368, 370 and 374 of Pudussery Village of Palakkad Taluk was
resumed. The petitioner would further submit that during the
lockdown period in the month of June, 2020, the 3 rd respondent
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
issued a notice of hearing asking the petitioner to appear before
the office on 24.06.2020. Even though the petitioner went to the
office as directed by the 3rd respondent, he was not allowed to
enter the office stating that he is coming from Tamil Nadu and
citing restrictions due to COVID-19 pandemic. Thereafter without
hearing the petitioner, the 3rd respondent went on to pass Ext.P5
order stating that the company has not started functioning till now
and hence the land allotted to the company having an extent of
one acre in Survey No.639 E/3 vide Ext.P1 is repossessed. The
petitioner submits that the finding in Ext.P5 is not correct since the
company started commercial production after setting up the
factory in the year 2004-2005 itself. The property allotted pursuant
to Exts.P1 and P2 is being used by the petitioner company for
stocking goods and as per the conditions in Exts.P2 and P2, the
petitioner could not utilize the said property for starting any
factory. It is further submitted that in 2007, the company sought for
more allotment of land and by Ext.P6, 60 cents of land was again
allotted to the petitioner company. Therefore, by the issuance of
Ext.P6 itself it is clear that the contentions raised in Ext.P5 order by
the 3rd respondent that the petitioner has not started functioning as
the company is without any basis. Thereupon, Ext.P7
representation was submitted before the 2 nd respondent against
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
Ext.P5 order stating the true sets of facts. The additional 4 th
respondent got impleaded and submitted that after repossessing
100 cents of land in Survey Nos.370 and 371/1, 374/1 of Puthussery
Village in the new Industrial Area, Kanjikode, Palakkad, the 4 th
respondent was allotted this 100 cents of land as per Ext.R4 and
the 4th respondent remitted the entire cost of land and building
along with the interest before the 3rd respondent and thereafter,
the 4th respondent has become the absolute owner of the plot
comprising of 100 cents of land in Survey Nos. 370 and 374/1 of
Puthussery Central Village in New Industrial Development Area,
Kanjikode - Palakkad district.
4. A detailed counter affidavit has been filed by the 3 rd
respondent, wherein it is submitted that 150 cents of land allotted
in 2012 was resumed by the Department in 2017 since the same
was kept idle since the allotment. It is also stated that the chance
of personal hearing was afforded to the petitioner and the
petitioner was given a chance to produce documents regarding the
functioning of its unit as per office letter dated 03.03.2020 well
before the declaration of the lockdown. But the petitioner did not
submit any document or made a reply to the letter. After the
lockdown period was over, another chance was given to the
petitioner for a personal hearing as per office letter dated
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
16.10.2020, but the petitioner did not turn up for the hearing. An
inspection was conducted and it was found that the land was lying
idle and vacant and thereafter another opportunity of hearing was
afforded on 24.06.2020 which also the petitioner did not avail. It is
further stated that the land in question was resumed as it was not
utilised for the purpose of which it was allotted even after a lapse of
12 years since the allotment and also for not starting the unit. It is
also submitted that in the 100 cents of land in question except a
shed that was constructed by the former allottee of the land and a
machinery with some scraps, there was nothing in the said land
and the land was not utilized by the petitioner till the resumption
and that no improvement/development works were done by the
petitioner after the possession of the land in the year 2007 and
Rule 16 of GO(MS) No.169/69/ID dated 05.04.1969 mandates that
the allotted land should be utilized by the allottee within a period of
16 months failing which it is liable to be resumed by the
department.
5. A detailed reply affidavit has been filed by the petitioner,
wherein it is reiterated that Exts.P1 and P2 contains a rider that the
land allotted will be utilized only for stockyard and not for melting
unit or any other activity. Petitioner also submits that the finding
that the manufacturing activity has not commenced in spite of
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
allotment of industrial plots is not correct and that commercial
protection started in the year 2004 and there were more than 100
workers engaged in the company and the company is running with
all necessary permissions and licences from the statutory
authorities. The petitioner relies on Ext. P8, details of the outward
supply of goods and services for the year 2023-24, as well as,
Ext.P9, consent to operate issued by the Kerala State Pollution
Control Board dated 22.03.2021 in support of its contentions. It is
also submitted that the property allotted as per Exts.P1 and P2 has
been used by the petitioner Company for stocking its materials
including machinery and nowhere in the agreement or in the
allotment order it is stated that the company shall use the property
for stocking a particular product only.
6. The learned Government Pleader as per a memo
produced a sketch of the property comprised in Re-survey Nos.370
and 374/1 of Block No.34 of Puthussery Central Village allotted to
the additional 4th respondent.
7. WP(C) 25667 of 2021 is filed by the petitioners in WP(C)
No.1394 of 2021 seeking an order directing the respondents not to
allow any person under him to take away the stock machinery and
materials lying in the stockyard of the company comprised in 1 acre
of land in Re-survey No.639 E/3 of Puthussery Central village of
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
Palakkad Taluk, which was resumed by the 3 rd respondent pursuant
to Ext.P5 order dated 26.06.2020.
8. WP(C) No. 16999 of 2022 is filed by the additional 4 th
respondent in WP(C) No.1394 of 2021, wherein he has sought for a
direction to the 1st respondent to enable the petitioner for
conducting business activities in the said plot.
9. WP(C) No.4421 of 2024 is filed by the petitioner in WP(C)
No.1394 of 2021 essentially challenging Ext.P15, whereby 1 acre of
land comprised in Sy.No. 370/pt, 374/pt of Kanjikode New Industrial
Development area was allotted to the 4th respondent, who is the
additional 4th respondent in WP(C) No.1394 of 2021. In the said writ
petition, it is contended that the writ petition was necessitated
since the respondents came up with a contention that it was the
property which was restored as per Ext P5 order which is allotted to
the 4th respondent and pursuant to the direction issued by this
court, the Government pleader has produced a survey sketch in
respect of the property wherein it is contended that the land in
survey number 639E/3 allotted to the petitioner is the one which
was subsequently allotted to the 4 th respondent and the same is in
resurvey no. 370 and 374/1 though no such contention was taken
by the 3rd respondent in their counter affidavit filed in WP(C) No.
1394 of 2021. Petitioner would further submit that the delay in
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
challenging Ext P8 order was only due to the above said facts and
circumstances and the petitioner company was never put on notice
about the resurvey conducted by the authority concerned and also
the change in survey numbers.
10. A detailed counter affidavit has been filed by the 4 th
respondent. Ext R4-A allotment agreement was executed after the
allotment order was issued on 24.07.2020. Electricity connection
was also granted and the 4th respondent was paying energy
charges and Ext R4-D GST registration certificate was also
produced in support of his contention.
11. I have heard the learned Senior Counsel appearing for
the petitioner in WP(C) No. 1394 of 2021, 25667 of 2021 and WP(C)
No. 4421 of 2024 and also the learned counsel appearing for the
petitioner in WP(C) No. 16999 of 2022 and the learned Special
Government Pleader for the Industries Department.
12. WP(C) No. 1394 of 2021 is filed challenging Ext P5
whereby an extent of 1 acre of land comprised in Survey No.
639E/3pt was resumed, whereas WP(C) No. 4421 of 2024 is
challenging Ext P15 whereby the additional 4th respondent in WP(C)
No. 1394 of 2021 was allotted 1 acre of land comprised in 370/pt
and 374/pt. After going through the pleadings in these writ
petitions and after hearing the respective counsels, I am of the
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
view that two aspects are to be considered and decided in these
writ petitions, i.e., whether Ext P5 order of resumption of 1 acre of
land comprised in Survey No. 639E/3pt was in accordance with law
and as to whether it is the very same land which is allotted to the
additional 4th respondent in WP(C) No. 1394 of 2021 as per Ext P15
proceedings produced in WP(C) No. 4421 of 2024.
13. Let me first consider whether the resumption of 1 acre
of land comprised in Survey No. 639E/3pt was in accordance with
law. The petitioner in WP(C) No. 1394 of 2021, which was running
an industrial unit in Kanjikode Industrial Area participated in an
auction proceedings of KFC and acquired the said 1 acre of land
comprised in Survey No. 639E/3pt and after acquiring the same,
the said land was allotted as per Ext.P1. A perusal of Ext P1 would
reveal that the petitioner unit is an existing industry which is
functioning close to the subject property and that the 2nd
respondent granted permission to KFC to confirm the auction sale
on a specific condition that the additional land of 1 acre will be
utilized only for use of stock yard and not as a melting unit or any
other activity and the petitioner has agreed to the said
stipulations.
14. It is based on the said condition that the above said land
was allotted to the petitioner. Thereafter, Ext P2 agreement was
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
executed with the 3rd respondent which also mandated that during
the period of hire the plot shall not be used by the allottee for any
purpose other than for which it is hired. During lock down period, a
notice was issued by the 3rd respondent for a hearing which the
petitioner attempted to attend but was not granted permission to
enter the premises stating Covid 19 restrictions and later Ext P5
order was issued restoring 1 acre of land comprised in Survey No.
639E/3pt. A perusal of Ext P5 would reveal that the order of
resumption was issued for the reason that though the petitioner
was asked to produce documents regarding the industrial activity
undertaken by the petitioner, the same was not produced and also
did not appear for a hearing and further that the property though
allotted for almost 12 years, the same has not been put to use. It is
seen that Ext P7 reply has been submitted by the petitioner
wherein it is stated that the company is functioning in the land
allotted by the 3rd respondent and that around 100 workers are
working and the company is undertaking production of steel bars.
As regard the 1 acre of land allotted as per Ext P1, the petitioner
would contend that the same was allotted with a rider that the land
will be used only as a stock yard and not for any melting unit or any
other activity. In the counter affidavit filed by the 3 rd respondent,
the stand taken is that no improvement/development works were
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
done by the petitioner after the possession of the land was taken
and therefore the same was resumed. But in Ext P5 and in the
counter affidavit filed there is no answer to the specific contention
taken by the petitioner that in Ext P1 there is a rider that the
allotted plot will be used only as a stock yard and not for any
melting unit or any other activities and that only after the petitioner
has agreed for the same, that the allotment was granted and that
the petitioner has been using the said property for stocking its
materials and the finished products. The petitioner has produced
Ext P8 and P9 to substantiate that the unit is functioning in the
industrial land and finding in Ext P5 that the petitioner is not
undertaking any industrial activity is without any basis. Learned
Senior counsel appearing for the petitioner would further contend
that even though in Ext P5 it is stated that no industrial activity is
undertaken by the petitioner for almost 12 years, by Ext P6
proceedings of the year 2017, the petitioner was allotted another
60 cents of land comprised in Survey No. 370/pt which would show
that the stand taken in Ext P5 that no industrial activity for almost
12 years is without any basis in as much as if no industrial activity
is undertaken by the petitioner as stated in Ext P5, no additional
land will be allotted as evident from Ext P6. All these aspects were
brought to the notice of the 3rd respondent by filing Ext P7 petition.
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
It is also the specific contention of the petitioner company that the
proceedings were initiated during Covid 19 pandemic. Yet another
contention of the petitioner is that by Ext P1, 1 acre of land
comprised in Survey No. 639E/3pt was allotted to him and by Ext
P5, the said land was resumed. It is also to be seen that the
petitioner was also granted 150 cents of land in Survey No. 368,
370, 374 of Pudussery Central Village as per Ext P3 and this land
was resumed as per Ext P4. Petitioner contends that a perusal of
Ext P15, 1 acre of land comprised in Survey no. 370/pt, 374/pt was
allotted to the additional 4th respondent and not the land which
was ordered to be resumed as per Ext P5 as the said land is
comprised in survey no. 639-E/3pt. The counter affidavit filed by
the 3rd respondent also did not contain an answer as to whether it is
the very same land which is allotted to the 4 th respondent which is
resumed as per Ext P5. Though in the memo submitted by the
Special Government Pleader it is stated that the 1 acre land
resumed as per Ext P5 is allotted to the additional 4 th respondent
and a sketch is seen prepared in respect of the said property, the
survey no. is shown as 370 and 374/1. If in fact it is the re-survey
number of the property resumed as per Ext P5, then naturally Ext
P5 which was issued only in 2020 should also contain the resurvey
number but the survey number shown therein is 639E/3pt. In view
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
of the above facts and circumstances, the matter requires
reconsideration by the authorities after affording an opportunity
being heard to the parties.
In view of the above factual situation involved in this batch of
writ petitions, I am of the opinion that the matter requires
reconsideration at the hands of the 2 nd respondent for which Ext P7
petition is pending consideration. Therefore, these writ petitions
are disposed of as follows:
1. Ext P5 order in WP(C) No. 1394 of 2021 and Ext P15
order in WP(C) No. 4421 of 2024 are set aside.
2. The 2nd respondent shall take up Ext P7 petition
submitted by the petitioner in WP(C) No. 1394 of 2021
and dispose of the same in accordance with the law
based on the Rules for Allotment of Plots in Industrial
Development Area/Development Plot/Industrial Estate
as amended as per G.O.(Ms) No.8/2020/ID dated
08.01.2020 after affording an opportunity of being
heard to the petitioner and the additional 4 th respondent
in WP(C) No. 1394 of 2021.
3. If a survey and measurement of the land is required to
finalize the proceedings, the same shall be with notice
to the petitioner and additional 4th respondent in WP(C)
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
No. 1394 of 2021.
4. The 2nd respondent shall finalize the proceedings and
issue orders as directed above within an outer limit of 3
months from the date of receipt of a copy of the
judgment.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
APPENDIX OF WP(C) 1394/2021
PETITIONER EXHIBITS
Exhibit P-8 True copy of form GSTR -1 for the financial year
2023-24 dated 7.12.2023 of the Petitioner company
Exhibit P-9 True copy of the integrated consent to operate
issued by the Kerala State Pollution Control Board
dated 22.3.2021
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 04/08/2012 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 10/10/2017 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 26/12/2007 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 22/03/2007 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 18/12/2020
PREFERRED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 26/06/2020 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 27/12/2007.
RESPONDENT EXHIBITS
EXHIBIT R4 TRUE COPY OF AGREEMENT FOR ALLOTMENT OF PLOT ON
HIGHER PURCHASE DATED 04.11.2020, IN SURVEY
NO.370 AND 374/1 OF VILLAGE PUTHUSSERY CENTRAL,
ENTERED INTO BETWEEN PETITIONER AND 3RD RESPONDENT
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
APPENDIX OF WP(C) 16999/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF CHELLAN DATED 19.05.2020 FOR
RS.6,62,650/- REMITTED BY PETITIONER, TOWARDS COST
OF LAND.
Exhibit P2 TRUE COPY OF AGREEMENT FOR ALLOTMENT OF PLOT ON
HIGHER PURCHASE DATED 04.11.2020, IN SURVEY NO.370
AND 374/1 OF VILLAGE PUTHUSSERY CENTRAL, ENTERED
INTO BETWEEN PETITIONER AND 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF CHELLAN FOR RS.6,52,650/- REMITTED BY
PETITIONER, TOWARDS BALANCE COST OF LAND.
Exhibit P3 TRUE COPY OF CHELLAN FOR RS.33,652/- REMITTED BY
A PETITIONER, TOWARDS INTEREST ON COST OF LAND.
Exhibit P4 TRUE COPY OF COMPLAINT SUBMITTED BEFORE 3RD
RESPONDENT WHICH WAS ACKNOWLEDGED AS PER PETITION
NO.144320/2020 DATED 05.12.2020.
Exhibit P5 TRUE COPY OF LETTER DATED 25.03.2022 SUBMITTED BY
PETITIONER BEFORE 1ST RESPONDENT.
Exhibit P6 TRUE COPY OF LETTER NO. DICPKD/363/2020-13 DATED
29.04.2022 ISSUED BY 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF INTERIM ORDER DATED 17.11.2021 PASSED
BY THIS HON'BLE COURT IN WP(C) NO. 25667/2021.
Exhibit P7 TRUE COPY OF INTERIM ORDER DATED 29.11.2021 PASSED
A BY THIS HON'BLE COURT IN WP(C) NO. 1394/2021,
Exhibit P7 TRUE COPY OF JUDGMENT DATED 18.11.2021 PASSED BY
B THIS HON'BLE COURT IN WP(C) NO. 15837/2020
Exhibit P8 TRUE COPY OF ORDER DATED 24.07.2020 ISSUED TO
PETITIONER BY 1ST RESPONDENT IN ALLOTTING 100 CENTS
OF LAND IN SURVEY NO.370 AND 374/1 IN VILLAGE
PUTHUSSERRY CENTRAL, TALUK PALAKKAD, DISTRICT
PALAKKAD
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
APPENDIX OF WP(C) 4421/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF FORM GSTR -1 FOR THE FINANCIAL YEAR
2023-24 DATED 07.12.2023 OF PETITIONER COMPANY
Exhibit P2 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE
ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD
DATED 22.3.2021
Exhibit P3 TRUE COPY OF THE ORDER DATED 22.03.2007 ISSUED BY
THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER DATED 26.12.2007 ISSUED BY
THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE AGREEMENT DATED 27.12.2007 ENTERED
INTO BETWEEN THE PETITIONER COMPANY AND THE 3RD
RESPONDENT
Exhibit P6 TRUE COPY OF THE ORDER DATED 04.08.2012 ISSUED BY
THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE AMENDMENT AGREEMENT ENTERED INTO
BETWEEN THE PETITIONER COMPANY AND THE 3RD
RESPONDENT DATED 06.08.2012
Exhibit P8 TRUE COPY OF THE ORDER DATED 10.10.2017 ISSUED BY
THE 3RD RESPONDENT
Exhibit P9 TRUE COPY OF THE ORDER DATED 26.06.2020 ISSUED BY
THE 3RD RESPONDENT
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 18.12.2020
PENDING BEFORE THE 2ND RESPONDENT
Exhibit P11 TRUE COPY OF THE ORDER DATED 16.02.2021 IN W.P (C)
Exhibit P12 TRUE COPY OF THE JUDGMENT IN W.P (C) NO 15837/2020
DATED 18.11.2021
Exhibit P13 TRUE COPY OF THE INTERIM ORDER IN W.P (C) NO
25667/2021 DATED 17.11.2021
Exhibit P14 TRUE COPY OF THE ORDER IN I.A NO 1/2021 IN W.P (C)
NO 1394/2021 DATED 29.11.2021
Exhibit P15 TRUE COPY OF THE ALLOTMENT ORDER ISSUED BY THE 3RD
RESPONDENT IN FAVOUR OF THE 4TH RESPONDENT DATED
24.07.2020
Exhibit P16 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 3RD
RESPONDENT IN W.P (C) NO 1394/2021
Exhibit P17 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD
RESPONDENT DATED 16.06.2020
RESPONDENT EXHIBITS
EXT R4-A True copies of allotment agreement dated 04.11.2020
EXT R4-B True copies of chellans dated 07.05.2021 towards
balance cost of land and interest
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
EXT R4-C True copy of certificate No.DB25/KJKD/2023-24/51
dated 12.02.2024 issued by Assistant Engineer,
Electrical Section, KSEB, Kanjikode
EXT R4-D True copy of GST registration certificate
No.32BVPPA1565F2ZU dated 03.12.2020 issued in FORM
GST REG - 06 issued under the GST Act
WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024
APPENDIX OF WP(C) 25667/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 26.12.2007 ISSUED BY
THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 27.12.2007.
Exhibit P3 TRUE COPY OF THE ORDER DATED 4.8.2012 ISSUED BY THE
3RD RESPONDENT NO.I/3015/03.
Exhibit P4 TRUE COPY OF THE ORDER DATED 10.10.2017 ISSUED BY
THE 3RD RESPONDENT, NO.I/3015/03.
Exhibit P5 TRUE COPY OF THE ORDER DATED 26.6.2020 ISSUED BY
THE 3RD RESPONDENT, NO.I/3015/03.
Exhibit P6 TRUE COPY OF THE LIST OF MACHINERIES AND OTHER
ITEMS INCLUDING RAW MATERIALS.
Exhibit P7 TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE
THE 3RD RESPONDENT DATED 16.11.2021.
RESPONDENT EXHIBITS
EXHIBIT R1 TRUE COPY OF AGREEMENT FOR ALLOTMENT OF PLOT ON
HIGHER PURCHASE DATED 04.11.2020, IN SURVEY
NO.370 AND 374/1 OF VILLAGE PUTHUSSERY CENTRAL,
ENTERED INTO BETWEEN PETITIONER AND 3RD RESPONDENT
