Ramla Shanavaz vs State Of Kerala
2024 Latest Caselaw 31184 Ker

Kerala High Court

Ramla Shanavaz vs State Of Kerala on 1 November, 2024

                                   1

W.P.(C) No.14007 of 2019

                                                                 2024:KER:81518

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

 FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                           WP(C) NO. 14007 OF 2019

PETITIONER:

               RAMLA SHANAVAZ
               AGED 55 YEARS, W/O. T.A. SHANAVAZ,
               MANAGING PARTNER, M/S. ALLEPPEY VENEER
               INDUSTRIES, DEVELOPMENT PLOT, VADAKKAL,
               PUNNAPPRA, ALAPPUZHA, THZAKATHU HOUSE,
               PONNAKARI ROAD, PUNNAPRA, ALAPPUZHA

               BY ADVS.
               B.PRAMOD
               SMT.R.REJI (ATTINGAL)

RESPONDENTS:

1              STATE OF KERALA
               REP. BY THE SECRETARY TO GOVERNMENT,
               INDUSTRIES DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001
2              THE GENERAL MANAGER
               DISTRICT INDUSTRIES CENTRE,
               ALAPPUZHA, PIN - 688 001

               BY ADV.
               SRI.JUSTIN JACOB, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024,         THE    COURT   ON    THE     SAME   DAY   DELIVERED    THE
FOLLOWING:
                                2

W.P.(C) No.14007 of 2019

                                                            2024:KER:81518

                    HARISANKAR V. MENON, J.
            ------------------------------
                    W.P.(C) No.14007 of 2019
            ------------------------------
             Dated this the 1st day of November, 2024

                              JUDGMENT

The petitioner was running an industry in the industrial

development area, Alappuzha, pursuant to the allotment of the

property in the year 2001.

2. Pointing out that the petitioner is not running the

industry effectively, proceedings were taken for resuming the

land allotted to the petitioner, and Ext.P11 proceedings dated

03.04.2019 is issued by the 2nd respondent herein.

3. It is challenging the afore proceedings of the 2nd

respondent that the captioned writ petition is filed by the

petitioner.

4. A counter affidavit is filed in this writ petition,

pointing out as under;

"16. The petitioner has not yet submitted any concrete proposal for reviving the unit. She did not take any effective steps for conducting industry by proper utilization. Instead of taking positive steps for reviving the unit, the petitioner kept the unit idle and left the station. The notice

2024:KER:81518

sent to her unit address was returned undelivered and final notice had been pasted on the gate of the unit for a long time (i.e., more than 15 months). But nothing was heard from the petitioner. From this, it is clear that the petitioner was not interested to revive the unit. The department has no way other than resumption."

5. In reply, the petitioner has produced an application

dated 27.05.2024, as Ext.P14 along with the reply affidavit. A

perusal of Ext.P14 shows that a proposal for reviving the

industry is mooted by the petitioner, seeking six months' time

to revive and restart the industry.

6. In such circumstances, I am of the opinion that the

said proposal at Ext.P14 deserves to be considered at the hands

of the 2nd respondent herein, especially when it is admitted that

the petitioner was running the industry till 2017.

In such circumstances, the captioned writ petition is

disposed of as under;

i. The 2nd respondent to consider Ext.P14 and pass

appropriate orders thereon, within a period of six

weeks from the date of receipt of a copy of this

judgment.

ii. So as to facilitate the 2nd respondent to pass

2024:KER:81518

orders on Ext.P14, Ext.P11 issued by the 2nd

respondent is set aside.

Sd/-

HARISANKAR V. MENON JUDGE

anm

2024:KER:81518

APPENDIX OF WP(C) 14007/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 29.12.2001 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE PATTA DATED 04.10.2005 ISSUED TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE LOAN LEDGER EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 07.08.2014 SUBMITTED BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE LETTER DATED 21.07.2014 ISSUED BY THE IDBI BANK EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 10.12.2014 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE EXPLANATION DATED 12.12.2014 EXHIBIT P8 TRUE COPY OF THE LETTER DATED 21.01.2015 BY THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 02.02.2015 SUBMITTED BY THE PETITIONER EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 17.04.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P11 LETTER DATED 03.04.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P12 TRUE COPY OF THE BASIC TAX RECEIPT DATED 28.04.2017 EXHIBIT P13 TRUE COPY OF THE BASIC TAX RECEIPT DATED 07.05.2019 EXHIBIT P14 A TRUE COPY OF THE PROPOSAL DATED 27.05.2024 WHICH WAS SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P15 A TRUE COPY OF THE ACKNOWLEDGMENT DATED 27.05.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

RESPONDENT EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE PHOTOGRAPH.