Kerala High Court
Hi-Tech Refrigeration Services Pvt. ... vs State Of Kerala on 15 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
2024:KER:85374
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
WP(C) NO. 34619 OF 2024
PETITIONERS:
1 HI-TECH REFRIGERATION SERVICES PVT. LTD,
REPRESENTED BY ITS MANAGING DIRECTOR
DOOR NO. 45/1408 B, TRISHA COMPLEX,
TOLL GATE ROAD, PACHALAM P.O.,
KOCHI, PIN - 682012
2 MR. VARGHESE MATHEWS M,
AGED 55 YEARS
THE MANAGING DIRECTOR, HI-TECH REFRIGERATION
SERVICES PVT. LTD, DOOR NO. 45/1408 B,
TRISHA COMPLEX, TOLL GATE ROAD, PACHALAM P.O.,
KOCHI S/O. MATHEWS MAMOOTIL ENCLAVE, KARIPAI
ROAD, NEAR RAJAGIRI COLLEGE OF SOCIAL SCIENCES,
RAJAGIRI POST OFFICE, KALAMASSERY, PIN - 683104
BY ADVS.
JERRY GEEVARGHESE JOSE
JENCY SUSAN JOSE
SEETHU PUSHPAKARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTEN BY SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
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WP(C) NO.34619 OF 2024
2
2 THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, COLLECTORATE,
1ST FLOOR, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030
3 DISTRICT INDUSTRIES CENTRE,
REP.BY THE GENERAL MANAGER, KUNNUMPURAM,
CIVIL STATION ROAD, ECHAMUKU, THRIKKAKARA,
VAZHAKKALA, KAKKANAD. KERALA, PIN - 682030
4 THE TAHASILDAR,
KANAYANNUR TALUK OFFICE, (INDUSTRIES SECTION/DIC)
PARK AVENUE ROAD, NEAR SUBHASH PARK,
MARINE DRIVE, KOCHI, KERALA, PIN - 682011
BY ADV.
SMT. VIDYA KURIAKOSE - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.34619 OF 2024
3
JUDGMENT
The prayer in this Writ Petition is to direct the 4 th
respondent to effect transfer of pattayam in favour of the 1 st
petitioner without insisting on the original pattayam that was
allegedly issued to L & J Rubber Reclaims Private Limited or
to issue a fresh pattayam in favour of the 1 st petitioner on
finding that no pattayam was earlier issued to L & J Rubber
Reclaims Private Limited.
2. I have heard Sri. Jerry Geevarghese Jose, the
learned counsel appearing for the petitioners and Smt. Vidya
Kuriakose, the learned Government Pleader.
3. The 4th respondent has filed a statement. As per
Rule 16 the Government Land (Allotment and Assignment for
Industrial Purposes) Rules, 2020, the District Collector is the
authority to issue orders of assignment in Form-VI A. It is
further stated that a report was submitted to the 2 nd
respondent / District Collector for issuing assignment order
in favour of the petitioners and pattayam shall be issued to
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WP(C) NO.34619 OF 2024
the petitioners as soon as the assignment order is approved.
It is also stated that action will be taken without any delay
by the 4th respondent by following the instructions of the
District Collector. Hence, this Writ Petition is disposed of
with a direction to the 2nd and 4th respondents to complete
the proceedings regarding the grant of pattayam to the
petitioners and grant pattayam in accordance with law
within a period of three months from the date of receipt of a
copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
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WP(C) NO.34619 OF 2024
APPENDIX OF WP(C) 34619/2024
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE NO.
A14.4514/89 ISSUED BY THE 3RD RESPONDENT
IN FAVOUR OF 'L & J RUBBER RECLAIMS PVT
LTD', DATED 28.11.1995
Exhibit P2 THE TRUE COPY OF THE MEMORANDUM OF
UNDERSTANDING EXECUTED IN BETWEEN THE
PETITIONERS AND THE MANAGING DIRECTOR ON
BEHALF OF 'L & J RUBBER RECLAIMS PVT
LTD', DATED 23.06.2017
Exhibit P3 THE TRUE COPY OF THE COMMUNICATION SENT
BY THE MANAGING DIRECTOR OF 'L & J
RUBBER RECLAIMS PVT LTD' TO THE 3RD
RESPONDENT DATED 25.11.2017
Exhibit P4 THE TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT TRANSFERRING THE UNIT
BELONGING TO 'L & J RUBBER RECLAIMS PVT
LTD', TO THE PETITIONERS, DATED
06.07.2018
Exhibit P5 THE TRUE COPY OF THE GOVERNMENT ORDER
ISSUED BY THE 1ST RESPONDENT DATED
07.01.2019
Exhibit P6 THE TRUE COPY OF THE COMMUNICATION
ISSUED BY THE 2ND RESPONDENT TO THE 4TH
RESPONDENT, DATED 08.03.2019
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT DISTRICT COLLECTOR, ERNAKULAM
DATED 25.09.2019
Exhibit P8 THE TRUE COPY OF THE COMMUNICATION
ISSUED BY THE 3RD RESPONDENT IN FAVOR OF
THE 2ND PETITIONER DATED 27.08.2021
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WP(C) NO.34619 OF 2024
Exhibit P9 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND PETITIONER BEFORE
THE 3RD RESPONDENT DATED 04.12.2021
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND PETITIONER BEFORE
THE 4TH RESPONDENT DATED 17.01.2022
Exhibit P11 THE TRUE COPY OF THE REPLY DATED
22.02.2022 ISSUED BY THE 4TH RESPONDENT
TO THE 2ND PETITIONER
Exhibit P12 THE TRUE COPY OF THE ORDER OF THE
ADDITIONAL SECRETARY, REVENUE DEPARTMENT
DATED 12.05.98 WITH TYPED COPY.
Exhibit P13 THE TRUE COPY OF THE OFFICE NOTES OF
FILE NO: L2-5754/19 OF TALUK OFFICE,
KANAYANNUR, ISSUED TO THE PETITIONERS ON
19.05.2022 UNDER THE PROVISIONS OF THE
RIGHT TO INFORMATION ACT. 2005
Exhibit P14 THE TRUE COPY OF THE COMMUNICATION OF
THE 2ND RESPONDENT COLLECTOR TO THE 4TH
RESPONDENT TAHSILDAR DATED 27.02.2024
RESPONDENTS' EXHIBITS: NIL
