Kerala High Court
Sanjay Varghese vs The General Manager on 17 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:13041
WP(C) NO. 23050 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 17TH DAY OF FEBRUARY 2025 / 28TH MAGHA, 1946
WP(C) NO. 23050 OF 2021
PETITIONER:
SANJAY VARGHESE
AGED 50 YEARS
RESIDING AT MARY VILLA, WEST OTHARA P.O.,
THIRUVALLA, PATHANAMTHITTA- 689 546
BY ADV MATHEW JOHN
RESPONDENTS:
1 THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE, MUMTAZ BUILDING, NEAR
GOVT. GUEST HOUSE, KALAPPURA, ALAPPUZHA, KERALA
688 007
2 THE DIRECTOR OF INDUSTRIES & COMMERCE
VIKAS BHAVAN, 3RD FLOOR, UNIVERSITY OF KERALA
SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM,
KERALA 695 033
3 THE ASST. DISTRICT INDUSTRIES OFFICER
TALUK INDUSTRIES OFFICE, MINI CIVIL STATION,
CHENGANNUR, CHENGANNUR P.O., PIN 689 121
4 THE INDUSTRIES EXTENSION OFFICER
TALUK INDUSTRIES OFFICE, MINI CIVIL STATION,
CHENGANNUR, CHENGANNUR P.O., PIN 689 121
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2
SMT. DEEPA NARAYANAN. SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 23050 OF 2021
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T.R. RAVI, J.
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W.P(C). No. 23050 of 2021
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Dated this the 17th day of February, 2025
JUDGMENT
The prayer in this writ petition is to quash Ext.P24
and to direct the 1st respondent to transfer the industrial
plots allotted to Sri.V.P.Thomas as evidenced by Ext.P2 in
favour of the petitioner.
2. By Ext.P25, the 2nd respondent has
addressed the 1st respondent, stating that necessary orders
are not being issued on the application submitted by the
petitioner for the reason of the pendency of this writ
petition.
In the above circumstances, this writ petition is
disposed of, directing the 2nd respondent to consider and
pass orders on the request made by the petitioner at the
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earliest, at any rate, within two months from the date of
receipt of a copy of this judgment. The status quo as on
today shall be maintained till orders are issued.
Sd/-
T.R.RAVI
JUDGE
LEK
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WP(C) NO. 23050 OF 2021
APPENDIX OF WP(C) 23050/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEED OF PARTNERSHIP
EXECUTED ON 18.7.1994
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED
24.5.1995 EXECUTED BETWEEN SRI.
V.P.THOMAS AND THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE CERTIFICATE VIDE
NO.AC.7557/94 DATED 31.10.1995 ISSUED
BY THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF THE BROCHURES PUBLISHED BY
THE FIRM BY NAME MARY VILLA CHEMICALS
AND FERTILIZERS
Exhibit P5 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF INSECTICIDE IN TERMS OF
THE PROVISIONS OF THE ACT DATED
25.10.1996
Exhibit P6 TRUE COPY OF HE LICENSE FOR THE USE OF
STANDARD MARK OBTAINED BY THE FIRM FROM
BUREAU OF INDIAN STANDARDS FOR THE
PERIOD FROM 17.10.1997 TO 16.10.1998.
Exhibit P7 TRUE COPY OF THE CONSENT TO OPERATE THE
PLANT VALID UPTO 31.12.1999 ISSUED BY
THE KERALA STATE POLLUTION CONTROL
BOARD ON 6.1.1999
Exhibit P8 TRUE COPY OF THE RENEWAL OF LICENSE TO
MANUFACTURE INSECTICIDE ISSUED BY THE
DIRECTORATE OF AGRICULTURE ON
12.3.1999.
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WP(C) NO. 23050 OF 2021
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED
30.3.2011 IN W.P.(C) NO.5686/2011 OF
THIS HON'BLE COURT
Exhibit P10 TRUE COPY OF THE MOTHER OF THE
PETITIONER (WIDOW OF LATE V.P.THOMAS)
SUBMITTED A DETAILED PETITION DATED
29.11.2011 BEFORE THE PEOPLES PROGRAMME
OF THE CHIEF MINISTER
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
24.9.2013 SUBMITTED BY THE PETITIONER
BEFORE THE PATHANAMTHITTA BRANCH
MANAGER OF KFC
Exhibit P12 TRUE COPY OF THE LETTER DATED 4.8.2014
ISSUED BY THE LEGAL OFFICER OF KFC TO
THE TAHSILDAR, THIRUVALLA
Exhibit P13 TRUE COPY OF THE LETTER DATED 10.8.2015
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
Exhibit P14 TRUE COPY OF THE LETTER DATED 20.8.2015
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT
Exhibit P15 TRUE COPY OF THE DOCUMENT STYLED LOAN
LEDGER REPORT AS ON 25.8.2015 ISSUED BY
THE PETITIONER TO THE OFFICE OF THE 1ST
RESPONDENT
Exhibit P16 TRUE COPY OF THE RECEIPT DATED
31.8.2015 SHOWING THE REMITTANCE OF THE
AMOUNT DEMANDED IN EXT.P15 TOGETHER
WITH THE INTEREST BY THE PETITIONER
Exhibit P17 TRUE COPY OF THE LOAN LEDGER REPORT
DATED 31.8.2015 FORWARDED FROM THE
OFFICE OF THE 1ST RESPONDENT
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Exhibit P18 TRUE COPY OF THE RELATIONSHIP
CERTIFICATE DATED 10.2.2011 PRODUCED BY
THE PETITIONER BEFORE THE 1ST
RESPONDENT TO FACILITATE THE TRANSFER
OF THE UNIT TO THE NAME OF THE
PETITIONER
Exhibit P19 TRUE COPY OF THE CERTIFIED COPY OF THE
SUCCESSION CERTIFICATE ISSUED IN FAVOUR
OF THE PETITIONER BY THE MUNSIFF COURT
THIRUVALLA IN OP(SUCCESSION) NO.3 OF
2010 DATED 17.12.2010
Exhibit P20 TRUE COPY OF THE INTIMATION OF PAYMENT
OF ARREARS UNDER THE AMNESTY SCHEME
ISSUED BY THE COMMERCIAL TAX OFFICER
THIRUVALLA DATED 23.2.2017 TO THE
PETITIONER
Exhibit P21 TRUE COPY OF THE LETTER DATED 27.2.2017
SENT BY THE PETITIONER TO THE
THAHSILDAR THIRUVALLA
Exhibit P22 TRUE COPY OF THE COVERING LETTER DATED
14.1.2020 FORWARDED BY THE PETITIONER
ALONG WITH THE HEIRSHIP CERTIFICATE
DATED 29.10.2018
Exhibit P23 TRUE COPY OF THE LETTER DATED 5.1.2021
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER AND THE SAME WAS RECEIVED ON
7.1.2021
Exhibit P24 TRUE COPY OF THE PROCEEDINGS VIDE
NO.DICALP/3574/2019-D1(LAND) DATED
30.9.2021 ISSUED BY THE 1ST RESPONDENT
Exhibit P25 TRUE COPY OF THE PROCEEDING OF THE 2 ND
RESPONDENT DATED 10.07.2024
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RESPONDENTS EXHIBITS
ANNEXURE R1(a) TRUE COPY OF THE HEARING MINUTES DATED
15.10.2014
ANNEXURE R1(b) TRUE COPY OF THE HEARING MINUTES DATED
20.01.2020
ANNEXURE R1(c) TRUE COPY OF THE HEARING MINUTED DATED
13.01.2021
ANNEXURE R1(d) TRUE COPY OF THE NOTICE DATED
15.04.2021
ANNEXURE R1(e) TRUE COPY OF THE ACKNOWLEDGMENT DATED
19.04.2021
ANNEXURE R1(f) TRUE COPY OF THE CHECK LIST
ANNEXURE R1(g) TRUE COPY OF THE LETTER DATED
14.05.2021
