Kerala High Court
Toyo Breweries And Distilleries (P) Ltd vs State Of Kerala on 8 November, 2024
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WP(C) No.19526 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA,
1946
WP(C) NO. 19526 OF 2020
PETITIONERS:
1 TOYO BREWERIES AND DISTILLERIES (P) LTD
REPRESENTED BY ITS MANAGING DIRECTOR JAMES K.
JOSEPH, KANNAMPADAM BUILDING, THELLAKOM P.O,L
KOTTAYAM PIN 686 630
2 JAMES K. JOSEPH, AGED 71 YEARS
S/O. K.K JOSEPH, KANNAMPADAM HOUSE, KIDANGOOR
SOUTH P.O, KOTTAYAM PIN 686 583
3 PAVIN JAMES KANNAMPADAM, AGED 32 YEARS
S/O. JAMES K. JOSEPH, DIRECTOR, M/S. TOYO
BREWERIES AND DISTILLERIES (P) LTD, KANNAMPADAM
BUILDING, THELLAKOM P.O, KOTTAYAM, PIN 686 630
BY ADV T.M.ABDUL LATHEEF
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURAL, THIRUVANANTHAPURAM,
PIN 695 001
2 DISTRICT COLLECTOR,
KOTTAYAM, KOTTAYAM COLLECTORATE, PIN 686 001.
3 REVENUE DIVISIONAL OFFICER, KOTTAYAM, REVENUE
DIVISIONAL OFFICE, KOTTAYAM PIN 686 001
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WP(C) No.19526 of 2020
4 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, AGRICULTURAL
OFFICER, KRISHI BHAVAN, NATTAKOM VILLAGE,
MARIYAPPALLY P.O, KOTTAYAM PIN 686 013.
5 TAHASILDHAR, TALUK OFFICE, KOTTAYAM PIN 686 001
6 KOTTAYAM MUNICIPALITY,
REPRESENTED BY ITS SECRETARY PIN 686 001
7 STATION HOUSE OFFICER,
CHINGAVANAM POLICE STATION, PIN 686 531
8 VILLAGE OFFICER,
NATTAKOM VILLAGE, KOTTAYAM, PIN 686 013
9 PADASEKARA SAMITHY,
REPRESENTED BY ITS SECRETARY, MUTTAM
KARAKKALAR, VADAKUM MUTTAM, NATTAKOM, KOTTAYAM,
PIN 686 013
BY ADV SRI.SIBY CHENAPPADY, SC, KOTTAYAM
MUNICIPALITY
R1 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.19526 of 2020
JUDGMENT
Dated this the 8th day of November, 2024
The writ petition is preferred being aggrieved by
Exts.P12 and P13 orders whereby the 4th respondent directed
the petitioners to make available the property in question for
paddy cultivation. In that respect, the 9 th respondent made
an attempt to start cultivation. In that event, the petitioners
approached this Court. When this writ petition came up for
admission on 22.09.2020, this Court has granted an interim
direction, which reads thus:
"Admit.
Government Pleader takes notice for respondents 1 to
5, 7 and 8. Standing Counsel takes notice for the sixth
respondent. Issue notice by speed post to the ninth
respondent.
Exts.P12 and P13 appear to be notices issued under
Section 15 of the Kerala Conservation of Paddy land
and Wetland Act (the Act). The case of the petitioners
is that the lands referred to in the said notices are not
cultivable. If the petitioners prefer objections to that
effect before he fourth respondent within a week, the
same shall be considered by the said respondent. It is
also directed that if it is found that the lands referred
to in the notices are cultivable, the same shall not be
cultivated otherwise than in accordance with Section
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16 of the Act. In the absence of any proceedings/order
under Section 16 of the Act, the ninth respondent is
restrained from entering into the lands referred
Exts.P12 and P13 notices, pending disposal of the writ
petition."
2. It is submitted that thereafter, no attempt is made
by respondents 4 and 6 to effect the paddy cultivation in the
property in question.
Under such circumstances, this writ petition is
disposed of by making the interim order dated 22.09.2020
absolute. If the petitioners are aggrieved by any further
action from the respondents, the petitioners are free to
approach this Court again. All other contentions raised by the
petitioners are left open.
Sd/-
P.M.MANOJ
JUDGE
das
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APPENDIX OF WP(C) 19526/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 11-05-1990
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 11-
3-1996
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY
GOVERNMENT DATED 3-6-2019
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS ON 17-06-
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 17-
08-2020
EXHIBIT P6 TRUE COP[Y OF THE COUNTER AFFIDAVIT
DATED 18-05-2009
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 18-10-
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO. 37065/2008 DATED 24-06-2019
EXHIBIT P9 TRUE COPY OF THE LETTER ISSUED FROM
DEPUTY INDUSTRIES OFFICER, TALUK
INDUSTRIES OFFICE DATED 25-06-2019
EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED
FOR OBTAINING FISH SEEDS FROM THE
FISHERIES DEPARTMENT OF STATE
GOVERNMENT DATED 25-2-2019
EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED
FOR OBTAINING FISH SEEDS FROM THE
FISHERIES DEPARTMENT OF STATE
GOVERNMENT DATED 25-2-2019
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EXHIBIT P12 TRUE COPY OF THE LETTER DATED 12-12-
EXHIBIT P13 TRUE COPY OF THE LETTER DATED 12-12-
EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED
22-06-2020
