Kerala High Court
K.S.Sekhar vs District Industries Centre, Palakkad on 13 March, 2025
WP(C) NO. 15092 OF 2018 1
2025:KER:21191
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
WP(C) NO. 15092 OF 2018
PETITIONERS:
1 K.S.SEKHAR
AGED 59 YEARS
S/O.K.SHANMUGAM, RESIDING AT 14/314C, SASTHA
NAGAR,PUDUSSERY, PALAKKAD 678 621.(DIED)
2 *ADDL.P2
RAGULAN SHEKAR, AFED 37 YEARS,
S/O LATE K.S.SEKHAR, RESIDING AT 'SRISHTI' NO.
314C/XIV, SASTHA NAGAR, PUDUSSERY, PALAKKAD-
678623.
3 *ADDL.P3
KAMAKSHI SHEKAR, AGED 62 YEARS,
W/O LATE K.S.SEKHAR RESIDING AT 'SRISHTI' NO.
314C/XIV, SASTHA NAGAR, PUDUSSERY, PALAKKAD -
678623.
IMPLEADED AS PER OREDER DATED 18.12.2024 IN I.A
NO.2 OF 2024)
BY ADVS.
HARIDAS
SMT.SABEENA P.ISMAIL
SAIFUDEEN T.S
B.SHAMEERA
NIMISHAMOL SASIDHARAN
RESPONDENTS:
1 DISTRICT INDUSTRIES CENTRE, PALAKKAD
678 001, REPRESENTED BY ITS GENERAL MANAGER.
2 THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE,PALAKKAD, 678 001.
WP(C) NO. 15092 OF 2018 2
2025:KER:21191
3 THE SECRETARY
DEPARTMENT OF INDUSTRIES,SECRETARIT,
THIRUVANANTHAPURAM 695 001.
4 COMMISSIONER OF LAND REVENUE
DEPARTMENT OF REVENUE, COMMISSIONERATE OF
KERALA,THIRUVANANTHAPURAM 695 001
5 STATE OF KERALA
REPRESENTED BY THE SECERTARY TO THE DEPARTMENT
OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM 695 001, KERALA.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SRI.DHEERAJ A.S - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15092 OF 2018 3
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MOHAMMED NIAS C.P., J
............................................................
WP(C)NO.15092 of 2018
.............................................................
Dated this the 13th day of March, 2025
JUDGMENT
The petitioner has been running an industrial unit in
the Kanjikode industrial development area since 1994. On the
basis of the industrial policy of the state in existence then, the
State decided to allot land in development areas on hire purchase
for industrial purposes based on Ext.P1 rules and accordingly the
petitioner was allotted 10 cents of land. At the request of the
allottee, through Ext.P4, the petitioner who took charge as
Managing Director of M/s.Aiswarya Labels Pvt. Ltd sought
permission from the General Manager, District Industries Centre
to change the activity of the firm from garments and labels
manufacturing to the manufacturing of polythene printed
pouches suitable for packing consumer products. The
appointment of the petitioner as Chairman and Managing
Director of the Company based on the reconstitution by the Board
was also noticed in Ext.P4 order dated 05.07.2000.
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2. Through Ext.P5 dated 16.12.2000 the petitioner had
remitted an amount of Rs.10,360/- being the cost of the 10 cents
of land comprised in Sy. Nos.822 & 823 in the industrial area,
Kanjikode on hire purchase basis for starting the industry. The
entire details sought through Ext.P6 were furnished. Through
Ext.P7 dated 27.12.2017, the Manager of the District Industries
Centre informed the petitioner that the petitioner has changed
the activity and directed him to show cause as to why the land
should not be resumed, to which the petitioner submitted Ext.P8
reply on 10.01.2018.
3. Through Ext.P9 dated 19.03.2018, orders were passed
holding that the petitioner was not conducting any activity and
that the activity currently going on in the unit was detergent
manufacture which was not authorised and therefore ordered
resumption of the plot in question.
4. The petitioner had submitted Ext.P10 on 30.05.2018
giving his explanation and also stating that the company was
wound up and he had requested to permit him to continue the
activity on proprietorship on 29.05.2015 itself, but no orders were
passed on the same.
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5. The learned counsel for the petitioner submits that
the detergent manufacture is still going on in the unit and that he
had also paid the entire amount directed to be paid for the
allotment of the land in question. Ext.P9 also alleged that the
petitioner had made unauthorised constructions there. The
petitioner had also preferred Ext.P11 before the General
Manager, District Industries Centre on 09.07.2019.
6. Taking note of the fact that the petitioner had made
a request after the winding up of the company to permit him to
continue the running of the proprietorship firm and that he had
also remitted the entire amount demanded by the department for
allotment, I quash Ext.P9 and the petitioner is given two weeks
from today to submit his objections to Ext.P9 along with requisite
applications if any. Respondents 1 and 2 will take a fresh decision
after hearing the petitioner within two months from the date of
receipt of the objections from the petitioner as directed above.
To enable the said exercise, the impugned order is
quashed and the writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
Anu JUDGE
2025:KER:21191
APPENDIX OF WP(C) 15092/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER BEARING
NO.G.O.MS 169/69/1D DATED 5/4/1969
EXHIBIT P2 A TRUE COPY OF AGREEMENT DATED
8/11/1994
EXHIBIT P3 A TRUE COPY OF THE AMENDMENT DATED
5/10/1995 MADE TO EXT.P2
EXHIBIT P4 A TRUE COPY OF THE ORDER NO.1/10261/94
DTD. 5/7/2000
EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE BEARING
NO.I.10261/94 DTD. 16/12/2000
EXHIBIT P6 A TRUE COPY OF THE LETTER DATED
6/5/2015
EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED
27/12/2017 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE REPLY DATED
10/1/2018 GIVEN BY THE PETITIONER
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED
19/3/2018 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P10 A TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONER DATED 30/05/2018 TO THE
NOTICE DATED 19/03/2018.
EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
09/07/2019 PETITION FOR DELAY.
Exhibit P12 A TRUE COPY OF THE GST REGISTRATION
CERTIFICATE DATED 12.07.2021 OF THE
PETITIONER'S INDUSTRIAL UNIT NAMELY
M/S RIGHT HERBAL PVT LTD
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Exhibit P13 A TRUE COPY OF THE FORM GSTR-3B
SUBMITTED IN RESPECT OF M/S RIGHT
HERBAL PVT LTD DATED 20.01.2025
Exhibit P14 A TRUE COPY OF THE TRANSACTION DETAILS
OF MONTHLY CONTRIBUTION TO EMPLOYEES
STATE INSURANCE CORPORATION SUBMITTED
ON 14.012.2024
Exhibit P15 A TRUE COPY OF THE CHALLAN EVIDENCING
THE REMISSION TOWARDS EMPLOYEES
PROVIDENT FUND ORGANIZATION
