Kerala High Court
M/S. National Food Industries vs State Of Kerala on 24 May, 2024
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
Friday, the 24th day of May 2024 / 3rd Jyaishta, 1946
WA NO. 669 OF 2024
AGAINST THE JUDGMENT DATED 08/04/2024 IN WP(C) 13751/2024 OF THIS COURT.
APPELLANTS
1. M/S. NATIONAL FOOD INDUSTRIES, KINFRA TECHNO INDUSTRIAL AND FOOD
PROCESSING PARK, KAKKANCHERY, MALAPPURAM DISTRICT, REPRESENTED BY
ITS MANAGING PARTNER MR. NIJIN THOMAS, PIN - 673634
2. M/S. NEW COCHIN BAKERY, KINFRA TECHNO INDUSTRIAL AND FOOD PROCESSING
PARK, KAKKANCHERY, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGING
PARTNER MR. RAMESH M. P., PIN - 673634
3. M/S. CAWIN ELECTRIC INDIA (P) LTD., KINFRA TECHNO INDUSTRIAL AND
FOOD PROCESSING PARK,KAKKANCHERY, MALAPPURAM DISTRICT, REPRESENTED
BY ITS MANAGING DIRECTOR MR. SHIHABUDEEN P.A., PIN - 673634
4. M/S. TECHNO PACK, KINFRA TECHNO INDUSTRIAL AND FOOD PROCESSING PARK,
KAKKANCHERY, MALAPPURAM DISTRICT, REPRESENTED BY ITS PARTNER MR. M.
M. ABDUL LATHEEF., PIN - 673634
5. M/S. MIDWEST FOODS, KINFRA TECHNO INDUSTRIAL AND FOOD PROCESSING
PARK, KAKKANCHERY, MALAPPURAM DISTRICT, REPRESENTED BY ITS PARTNER
MR. M. M. ABDUL LATHEEF., PIN - 673634
6. M/S. POLYFLEX PACKAGING INDUSTRIES, KINFRA TECHNO INDUSTRIAL AND
FOOD PROCESSING PARK,KAKKANCHERY, MALAPPURAM DISTRICT, REPRESENTED
BY ITS MANAGING PARTNER MR. N. P. FIROZ., PIN - 673634
7. M/S. E. K. FOODS (P) LTD., KINFRA TECHNO INDUSTRIAL AND FOOD
PROCESSING PARK, KAKKANCHERY, MALAPPURAM DISTRICT,REPRESENTED BY ITS
MANAGING DIRECTOR MR. SAMEEM ANSARI E. K., PIN - 673634
8. M/S. VKS VERVE NECTARS (P) LTD KINFRA TECHNO INDUSTRIAL AND FOOD
PROCESSING PARK, KAKKANCHERY, MALAPPURAM DISTRICT, REPRESENTED BY
ITS MANAGING DIRECTOR MR. K.M. RAJEEV, PIN - 673634
9. M/S. SATHYA SAI, PACKAGING AND SOFT DRINKS KINFRA TECHNO INDUSTRIAL
AND FOOD PROCESSING PARK, KAKKANCHERY, MALAPPURAM DISTRICT,
REPRESENTED BY ITS PARTNER MR. HARI GOVIND P, PIN - 673634
10. M/S. MERRY TIME CREAM FOODS PVT. LTD., KINFRA TECHNO INDUSTRIAL AND
FOOD PROCESSING PARK,KAKKANCHERY, MALAPPURAM DISTRICT, REPRESENTED
BY ITS MANAGING DIRECTOR, MR. KAMIL MOHAMMED, PIN - 673634
11. M/S. GLISTER SACHET INDIA PVT. LTD., KINFRA TECHNO INDUSTRIAL AND
FOOD PROCESSING PARK,KAKKANCHERY,MALAPPURAM DISTRICT, REPRESENTED BY
ITS MANAGING DIRECTOR MR. P. B. I. MOHAMMED ASHRAF, PIN - 673634
BY ADVOCATES M/S.B.PRAMOD, ATHUL M.V. & BIJU VIGNESWAR
RESPONDENTS
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT DEPARTMENT (LSGD),
MAIN BLOCK, SECRETARIAT,THIRUVANANTHAPURAM,PIN - 695001
2. PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES &
COMMERCE, 2ND FLOOR, NORTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
3. KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA),
KINFRA HOUSE, TC 31/2312, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695010
4. CHELEMBRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHELAMBRA
P.O.,KAKKENCHERRY, MALAPPURAM, PIN - 673634
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all coercive steps proposed or initiated by the 4th respondent for
levy of the property tax from due from the appellants Industrial units,
pending disposal of this Writ Appeal.
This Writ Appeal coming on for orders on 24/05/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
DR. A.K.JAYASANKARAN NAMBIAR, J.
&
SYAM KUMAR V.M., J
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W.A. NO.669 OF 2024
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Dated this the 24th day of May, 2024
ORDER
DR. A.K.Jayasankaran Nambiar, J.
Admit.
Government Pleader takes notice for respondents 1 and 2.
Standing Counsel takes notice for the 3rd respondent. Issue notice by
speed post to the 4th respondent.
Post for disposal on 15.07.2024. In the meanwhile, if all the
appellants pay the property tax demanded by the respondents for the
period from 2021 onwards, the recovery of arrears of tax for the
prior period shall be kept in abeyance pending disposal of the writ
appeal.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
SSS
