M/S. J.J. Mesh Industries vs State Of Kerala
2024 Latest Caselaw 27168 Ker

Kerala High Court

M/S. J.J. Mesh Industries vs State Of Kerala on 11 September, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                               2024:KER:69594



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946



                    WP(C) NO. 89 OF 2023

PETITIONERS:

    1    M/S. J.J. MESH INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD,
         REPRESENTED BY ITS PROPRIETOR, SRI. JOHN MANUEL
         JACOB.

    2    M/S. S. N. AGRO INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. JOHN MANUEL JACOB.

    3    M/S. S. N. IMPLEMENTS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. JOHN MANUEL JACOB.

    4    M/S. AGRICO INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. YACOB M.K.

    5    M/S. SHORANUR AGRO INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. YACOB M.K.

    6    M/S. LAKSHMI TOOLS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SMT. SUMATHI C.
                                               2024:KER:69594
WP(C) NO.89 OF 2023
                             2


    7    M/S. AL-NOOR TECHNOCRATS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SMT. SUDHA BINDU V.C.

    8    M/S. PRANAVAM INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SMT. VIDYA U.

    9    M/S. PRAYAG ENGINEERING INDUSTRY,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. SIVADAS P.

    0    M/S. VYSAKH INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. BAIJU

   11    M/S. THREE STAR AGRICULTURAL IMPLEMENTS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. BAIJU.

   12    M/S. VIVARDINI FORGINGS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. SATHIYAPALAN P.

   13    M/S. NIRAPARAA IMPLEMENTS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. PRADEEP P.

   14    M/S. TECHNO CRAFT,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. SHIBIT T.P.

   15    M/S. CHITHRA INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. SIVADAS C.
                                               2024:KER:69594
WP(C) NO.89 OF 2023
                             3


   16    M/S. FINE AGRO PRODUCTS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. M. UNNIKRISHNAN.

   17    M/S. FINE IMPLEMENTS AND TOOLS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. SREEDHARAN N.

   18    M/S. SEALTARS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS MANAGING
         PARTNER, SRI. M.G. THYAGARAJAN.

   19    M/S. ARUN INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SMT. MANI K.K.

   20    M/S. MAYIL RETREADS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. KESAVADAS K.

   21    M/S. R.K. IMPLEMENTS
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PALAKKAD, PIN - 679122 REPRESENTED BY ITS
         PROPRIETOR, SRI. K. RADHAKRISHNAN

   22    M/S. DAS PRODUCTS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. K.N. KESAVADAS

   23    M/S. KWALITY INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SMT. GEETHA ABRAHAM

   24    M/S. MAHARAJ INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SMT. P. NIRMALA
                                               2024:KER:69594
WP(C) NO.89 OF 2023
                             4


   25    M/S. UNIQUE AGRI TOOLS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. AZEEZ K.M.

   26    M/S. UNIVERSAL AGRICO,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PALAKKAD, REPRESENTED BY ITS PROPRIETOR, SRI.
         C.P.JAYAN, PIN - 679122

   27    M/S. LAKSHMI IMPLEMENTS,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS MANAGING
         PARTNER, SRI. C.A. ABRAHAM.

   28    M/S. LAKSHMI ENGINEERING COMPANY
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS MNAGING
         PARTNER, SMT. GEETHA ABRAHAM.

   29    M/S. VARIETY FORMULATIONS PRIVATE LIMITED,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS MANAGING
         DIRECTOR, SRI. T.P. BALAKRISHNAN.

   30    M/S. VARIETY PHARMACEUTICALS PVT. LTD,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS MANAGING
         DIRECTOR, SRI. T.P. BALAKRISHNAN.

   31    M/S. NARAYANA INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. KRISHNAKUMAR V.

   32    M/S. PREMIER ENGINEERING ENTERPRISES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS MANAGING
         PARTNER, SRI. SAVITHRI M.P.

   33    M/S. EVERGREEN INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SRI. C. PADMANABHAN
                                                  2024:KER:69594
WP(C) NO.89 OF 2023
                             5


   34    M/S. EVER BRIGHT INDUSTRIES,
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS
         PROPRIETOR, SMT. P. C. VIJAYAKUMARI.

   35    M/S. LEGACY ROOFING INDUSTRIES
         SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR,
         PIN - 679122 PALAKKAD, REPRESENTED BY ITS MANAGING
         PARTNER, SRI. A.M. MOIDU.


         BY ADVS.
         B.PRAMOD
         BIJU VIGNESWAR
         ASWATHI SURESH
         AYYAPPADAS V




RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2    THE DISTRICT COLLECTOR,
         CIVIL STATION, PALAKKAD, PIN - 678001

    3    THE TAHSILDAR,
         OTTAPALAM TALUK OFFICE, RAILWAY STATION ROAD,
         OTTAPALAM, PALAKKAD, PIN - 679101

    4    THE VILLAGE OFFICER,
         SHORNOOR VILLAGE OFFICE, MUNICIPAL BUS STAND
         BUILDING, SHORANUR, PIN - 679121

    5    KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION
         LIMITED (SIDCO), P. B. NO.50 HOUSING BOARD
         BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM,
         PIN - 695 001
         REP. BY ITS MANAGING DIRECTOR.
                                                          2024:KER:69594
WP(C) NO.89 OF 2023
                                  6

     6     THE MANAGING DIRECTOR
           KERALA SMALL INDUSTRIAL DEVELOPMENT CORPORATION
           LIMITED (SIDCO), P. B. NO.50 HOUSING BOARD
           BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM,
           PIN - 695001


           BY ADVS.
           SRI. RAJEEV JYOTHISH GEORGE - GOVERNMENT PLEADER
           SRI. BIJU G. - STANDING COUNSEL, SIDCO




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.09.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                 2024:KER:69594
WP(C) NO.89 OF 2023
                               7



                         JUDGMENT

The petitioners are the industrial units under the

supervisory jurisdiction of the 5th respondent. They were

allotted the respective units on outright purchase basis as per

the various orders passed by the 5th respondent in terms of

the Corporation's Rules for Allotments of Sheds/Lands in the

Industrial Estates, Kerala on Outright Purchase Basis, 1996

(for short 'the Outright Purchase Rules') framed by the 5 th

respondent. The petitioners approached the 3 rd respondent to

effect the mutation of the land allotted to them based on

sales deeds which are executed in their favour by the 5 th

respondent. The grievance of the petitioners is that the 3 rd

respondent is not effecting mutation. It is in these

circumstances, they have approached this Court.

2. I have heard Sri. B. Pramod, the learned counsel for

the petitioners, Sri. Rajeev Jyothish George, the learned

Government Pleader and Sri. Biju G., the learned Standing

Counsel for the 5th and 6th respondents.

2024:KER:69594 WP(C) NO.89 OF 2023

3. The properties were allotted to the petitioners in

terms of Outright Purchase Rules framed by the 5 th

respondent. Going by Rule 8, it is the obligation of the allottee

to pay the land tax. The payment of land tax is possible only

after the mutation of the land in favour of the petitioners.

Ext.P42 would show that the mutation has been effected in

favour of the assignees /allottees in other industrial estates

under the said Rule. In these circumstances, the 3 rd

respondent is directed to effect mutation of the land allotted

to the petitioners based on the sale deed which is executed

in their favour by the 5th respondent, in accordance with law,

within a period of one month from the date of receipt of a

copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR 2024:KER:69594 WP(C) NO.89 OF 2023

APPENDIX OF WP(C) 89/2023

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 1ST PETITIONER

Exhibit P2 TRUE COPY OF THE RECTIFICATION DEED DATED 02.06.2022 EXECUTED IN FAVOR OF THE 1ST PETITIONER

Exhibit P3 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 2ND PETITIONER

Exhibit P4 TRUE COPY OF THE SALE DEED DATED 02.06.2022 REGISTERED IN FAVOR OF THE 3RD PETITIONER

Exhibit P5 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 4TH PETITIONER

Exhibit P6 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 5TH PETITIONER

Exhibit P7 TRUE COPY OF THE SALE DEED DATED 27.03.2021 REGISTERED IN FAVOR OF THE 6TH PETITIONER

Exhibit P8 TRUE COPY OF THE SALE DEED DATED 27.03.2021 REGISTERED IN FAVOR OF THE 7TH PETITIONER.

Exhibit P9 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 8TH PETITIONER

Exhibit P10 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 9TH 2024:KER:69594 WP(C) NO.89 OF 2023

PETITIONER

Exhibit P11 TRUE COPY OF THE SALE DEED DATED 27.03.2021 REGISTERED IN FAVOR OF THE 10TH PETITIONER

Exhibit P12 TRUE COPY OF THE SALE DEED DATED 27.03.2021 REGISTERED IN FAVOR OF THE 11TH PETITIONER

Exhibit P13 TRUE COPY OF THE SALE DEED DATED 02.06.2022 REGISTERED IN FAVOR OF THE 12TH PETITIONER

Exhibit P14 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 13TH PETITIONER

Exhibit P15 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 14TH PETITIONER

Exhibit P16 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 15TH PETITIONER

Exhibit P17 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 16TH PETITIONER

Exhibit P18 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 17TH PETITIONER

Exhibit P19 TRUE COPY OF THE SALE DEED DATED 26.11.2021 REGISTERED IN FAVOR OF THE 18TH PETITIONER

Exhibit P20 TRUE COPY OF THE SALE DEED DATED 27.03.2021 REGISTERED IN FAVOR OF THE 19TH PETITIONER

Exhibit P21 TRUE COPY OF THE SALE DEED DATED 27.03.2021 REGISTERED IN FAVOR OF THE 2024:KER:69594 WP(C) NO.89 OF 2023

20TH PETITIONER

Exhibit P22 TRUE COPY OF THE SALE DEED DATED 27.03.2021 REGISTERED IN FAVOR OF THE 21ST PETITIONER

Exhibit P23 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 22ND PETITIONER

Exhibit P24 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 23RD PETITIONER

Exhibit P25 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 24TH PETITIONER

Exhibit P26 TRUE COPY OF THE SALE DEED DATED 27.03.2021 REGISTERED IN FAVOR OF THE 25TH PETITIONER

Exhibit P27 TRUE COPY OF THE SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 26TH PETITIONER

Exhibit P28 TRUE COPY OF THE 1ST SALE DEED DATED 19.03.2021 REGISTERED IN FAVOR OF THE 27TH PETITIONER

Exhibit P29 TRUE COPY OF THE 2ND SALE DEED DATED 02.06.2022 REGISTERED IN FAVOR OF THE 27TH PETITIONER

Exhibit P30 TRUE COPY OF THE SALE DEED DATED 29.01.1998 REGISTERED IN FAVOR OF THE 28TH PETITIONER

Exhibit P31 TRUE COPY OF THE SALE DEED DATED 15.07.2013 REGISTERED IN FAVOR OF THE 29TH PETITIONER

Exhibit P32 TRUE COPY OF THE SALE DEED DATED 15.07.2013 REGISTERED IN FAVOR OF THE 2024:KER:69594 WP(C) NO.89 OF 2023

30TH PETITIONER

Exhibit P33 TRUE COPY OF THE SALE DEED DATED 27.03.2021 REGISTERED IN FAVOR OF THE 31ST PETITIONER

Exhibit P34 TRUE COPY OF THE SALE DEED DATED 27.10.2017 REGISTERED IN FAVOR OF THE 32ND PETITIONER

Exhibit P35 TRUE COPY OF THE PARTNERSHIP DEED DATED 04.03.2022 ACKNOWLEDGING THE ADMISSION OF THE LEGAL HAIRS OF THE DISEASED PARTNERS AS NEW PARTNERS IN THE 32ND PETITIONER FIRM

Exhibit P36 TRUE COPY OF THE SALE DEED DATED 15.09.2005 REGISTERED IN FAVOR OF THE 33RD PETITIONER

Exhibit P37 TRUE COPY OF THE SALE DEED DATED 03.09.2005 REGISTERED IN FAVOR OF THE 34TH PETITIONER

Exhibit P38 TRUE COPY OF THE SALE DEED NO. 340/2010 OF THE SUB REGISTRAR OFFICE, SHORANUR DATED 03.03.2010 REGISTERED IN FAVOR OF THE 35TH PETITIONER

Exhibit P39 TRUE COPY OF THE SALE DEED DATED 03.09.2005 REGISTERED IN FAVOR OF THE PREVIOUS OWNER OF THE 35TH PETITIONER

Exhibit P40 TRUE COPY OF THE CERTIFICATE DATED 13.04.2015 ISSUED BY THE 5TH RESPONDENT TO THE 35TH PETITIONER ACKNOWLEDGING THE CHANGE IN THE NAME AND PRODUCT LINE OF THE FIRM

Exhibit P41 TRUE COPY OF THE CORPORATION'S RULES FOR ALLOTMENTS OF SHEDS/LANDS IN THE INDUSTRIAL ESTATES, KERALA ON OUTRIGHT PURCHASE BASIS, 1996 FRAMED BY THE 5TH RESPONDENT 2024:KER:69594 WP(C) NO.89 OF 2023

Exhibit P42 TRUE COPY OF THE RECEIPT DATED 13.09.2018 SHOWING PAYMENT OF BASIC TAX IN RESPECT OF THE LAND ASSIGNED TO THE UNIT BY NAME SOFAINE DECORS PVT. LTD SITUATED IN THE SIDCO INDUSTRIAL ESTATE, MAYITHARA

RESPONDENTS' EXHIBITS: NIL