AHAMMED KABEER v. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTER

BY ADVS. K.I.SAGEER K.M.NASARUDHEEN MUHAMMED YASIL SRI. P.S.APPU, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.01.2024, ALONG WITH WP(C)NO.29347/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 29875/23 & 29347/23 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 5TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945 WP(C) NO. 29347 OF 2023 PETITIONER: SHAHIRA, AGED 37 YEARS, D/O LATE SHEIKH YOUSUF SULTHAN, KATTETH HOUSE, KOOVAPPADY VILLAGE, KUNATHUNADU TALUK, EDAVOOR P.O, ERNAKULAM, PIN – 683554 BY ADVS. K.I.SAGEER K.M.NASARUDHEEN MUHAMMED YASIL RESPONDENTS: 1 2 3 4 5 STATE OF KERALA, REPRESENTED ADDITIONAL CHIEF SECRETARY, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM, PIN – 695001 DIRECTOR OF INDUSTRIES AND COMMERCE DIRECTORATE OF INDUSTRIES AND COMMERCE THIRUVANANTHAPURAM, PIN – 695001 GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KAKKANAD, KOCHI, PIN – 682030 DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, KOCHI, PIN – 682030 RAJANI INDUSTRIES, REPRESENTED BY ITS MANAGING PARTNER INDUSTRIAL DEVELOPMENT PLOT NO.22/665 ANGAMALY SOUTH, ERNAKULAM, PIN – 683572 BY ADVS. SUJIN S RAAJESH S.SUBRAHMANIAN(K/396/2004) K.K.AJI KUMAR(K/2139-C/1999) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2024, ALONG WITH WP(C)NO.29875/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 29875/23 & 29347/23 3 JUDGMENT [WP(C) Nos.29875/2023, 29347/2023] I am considering and disposing of these Writ Petitions jointly, taking into account the analogous factual circumstances presented and the similarity in the reliefs pleaded – though opposing each other.

2. The petitioners in these cases are stated to be the legal heirs of the partners of a Firm, by name ‘Rajani Industries’ – which has been arrayed as 5th respondent in WP(C)No.29347/2023 – and they claim exclusive rights over a property, which had been earlier allotted to the said Firm by the District Industries Centre, Kochi, in the past.

3. While both petitioners are ad idem that the original partners of the Firm have either retired or expired, their case – being contrary in claim to each other – is that they are entitled to run the industry on the land allotted. However, the District Industries Centre appears to have taken certain steps against the land in question, by issuing notices to the petitioner in WP(C)No.29875/2023; and it is asserted by the learned Government WPC 29875/23 & 29347/23 4 Pleader – Sri.P.S.Appu, that steps in that regard are now going on.

4. Sri.N.M.Sugunapalan, learned Senior Counsel, instructed by Smt.Nita N.S. - learned counsel for the petitioner in WP(C)No.29875/2023, submitted that since the disputes between the parties are in the factual realm, he would request this Court to relegate the matter to the General Manager of the District Industries Centre itself, so that the entire controversy can be evaluated and resolved.

5. Sri.K.I.Sageer – learned counsel for the petitioner in WP(C)No.29347/2023, acceded to the afore suggestion of the learned Senior Counsel; but argued that, until such time as the competent Authority of the District Industries Centre takes a final decision, the petitioner in WP(C)No.29875/2023 cannot be allowed to operate the Unit in the land in question.

6. I, therefore, asked the learned Government Pleader – Sri.P.S.Appu, what action is proposed by the General Manager of the District Industries Centre, to which his answer - as I have already recorded above - was that notices have already been issued to the petitioner in WP(C)No.29875/2023 and that, therefore, the said WPC 29875/23 & 29347/23 5 Authority will hear him, as also the petitioner in WP(C)No.29347/2023 and take a final decision. He added that, however, until such time as the afore exercise is completed, liberty may be reserved to the said Authority to decide in what manner the land in question and the Unit on it can be allowed to be used and operated.

7. It is, therefore, obvious that the position now taken by the competent Authority of the District Industries Centre is that an enquiry into the relevant claims of the parties is necessary; and that an evaluation, as to whether the land in question will have to be resumed, is also underway. This is manifest from the notice issued by the District Industries Centre to the petitioner in WP(C)No.29875/2023, presumably because he is the person now stated to be in occupation of the land and the Unit.

8. I am, therefore, of the firm view that the entire matter will have to be comprehensively dealt with by the competent Authority of the District Industries Centre, since it would not be possible for this Court, while acting under Article 226 of the Constitution of India, to enter into the realm of disputation of facts WPC 29875/23 & 29347/23 6 and assessment of relevant documents. Resultantly, these Writ Petitions are ordered in the following manner: a) The competent Authority of the District Industries Centre is directed to hear the parties and take a final decision as to the land and the Unit thereon, and also with respect to the persons who are entitled to hold it in terms of the original sanction and the applicable Rules, Regulations and Circulars, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. b) Until such time as the afore exercise is completed and the resultant order communicated to the parties, I also leave liberty to the District Industries Centre to take a decision on the interim arrangement with respect to the land in question, adverting to the earlier judgments of this Court; which shall also be done after hearing the parties appropriately. RR Sd/- DEVAN RAMACHANDRAN JUDGE WPC 29875/23 & 29347/23 7 APPENDIX OF WP(C) 29347/2023 PETITIONER EXHIBITS Exhibit-P1 Exhibit-P2 Exhibit-P3 Exhibit-P4 Exhibit-P5 Exhibit-P6 Exhibit-P7 Exhibit-P8 Exhibit-P9 Exhibit-P10 Exhibit-P11 Exhibit -P12 Exhibit-P13 Exhibit -P14 A TRUE COPY OF THE FORM A ISSUED BY THE REGISTRAR OF FIRMS DATED 11.12.2020 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE EDATHALA GRAMA PANCHAYAT DATED 04.11.2019 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 06.05.2019 ISSUED BY THE TAHSILDAR, ALUVA A TRUE OF THE COMPLAINT DATED 27.04.2020 SUBMITTED BEFORE THE STATION HOUSE OFFICER, ANGAMALY A TRUE OF THE COMPLAINT DATED 25.04.2020 SUBMITTED BEFORE THE DISTRICT INDUSTRIES OFFICER A TRUE OF THE COMPLAINT DATED 25.11.2020 BEFORE GST OFFICER ANGAMALY A TRUE OF THE COMPLAINT DATED 22.12.2020 SUBMITTED BEFORE THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM A TRUE COPY OF THE COMMUNICATION NO.232/2020 DATED 28.12.2020 ISSUED BY THE STATE TAX OFFICER, GST DEPARTMENT, ANGAMALY A TRUE COPY OF THE COMPLAINT DATED 23.11.2020 SUBMITTED BEFORE THE COMMISSIONER, GOODS AND SERVICE TAX DEPARTMENT, THIRUVANANTHAPURAM A TRUE COPY OF THE COMPLAINT DATED 25.04.2020 SUBMITTED BEFORE THE JOINT COMMISSIONER, GOODS AND SERVICE TAX DEPARTMENT, MATTANCHERY A TRUE COPY OF THE COMPLAINT DATED 22.12.2020 SUBMITTED BEFORE THE STATE TAX OFFICER, ANGAMALY A TRUE COPY OF THE COMPLAINT DATED 10.03.2021 SUBMITTED BEFORE THE STATE TAX OFFICER, ANGAMALY BY SHAMSUDHEEN A TRUE COPY OF THE JUDGMENT DATED 30.11.2021 IN WRIT PETITION (CIVIL) NO.17087/2021 OF THIS HON'BLE COURT A TRUE COPY OF THE RTI APPLICATION DATED 24.06.2023 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, DISTRICT INDUSTRIES WPC 29875/23 & 29347/23 8 Exhibit-P15 RESPONDENT EXHIBITS Exhibit R3(a) Exhibit R3(b) Exhibit R3(c) Exhibit R3(d) Exhibit R3(e) Exhibit R3(f) Exhibit R3(g) Exhibit R3(h) Exhibit R3(i) Exhibit R3(j) CENTRE, KAKKANAD, ERNAKULAM A TRUE COPY OF THE RTI REPLY DATED 22.07.2023 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, DISTRICT INDUSTRIES CENTRE, KAKKANAD, ERNAKULAM A true copy of the order dated 14-08-1986 fro the General Manager District Industries Centre, Ernakulam A true copy of the order No. PF 12/99 of the Tahsildar A true copy of the proceedings dated 19/11/1986 from the General Manager District Industries Centre, Ernakulam A true copy of the application dated 13/12/2012 by Smt. Rosily Jose A true copy of the letter No. ID 3/12678/2013 dated 18/10/2014 A true copy of the application dated 18/06/2019 A true copy of the complaint dated 25/04/2020 A true copy of the judgment in WP(C) No. 1133/2023 dated 22/06/2023 A true copy of the notice dated 12/07/2023 A true copy of the Interim Order dated 12/09/2023 WPC 29875/23 & 29347/23 9 APPENDIX OF WP(C) 29875/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 14/08/1986 BEFORE THE 1ST RESPONDENT TRUE COPY OF THE ORDER DATED 16/04/1998 SANCTIONING THE ASSIGNMENT OF 30.6 CENTS OF LAND IN SY NO.167/3 OF ANGAMALY VILLAGE TRUE COPY OF THE PATTA DATED 22/03/1999 ISSUED BY TAHASILDAR ALUVA TRUE COPY OF THE JUDGMENT DATED 22/06/2023 IN W.P.(C) NO.1133/2023 TRUE COPY OF THE NOTICE DATED 12/07/2023 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE NOTICE DATED 22/08/2023 ISSUED BY THE 3RD RESPONDENT