Crust 'N' Crumb Food Innovations INDIA LTD. vs. The Managing Director, Kerala Industrial Infrastructure Development Corporation LTD.
Held
The High Court directed the Principal Secretary, Industries & Commerce Department, to reconsider the matter afresh, taking into account a new Government Rule (G.O.(P) No.309/2023/RD dated 11.12.2023). The proceedings and demand under the impugned communication were kept in abeyance until a fresh decision is taken.
Facts
The petitioner challenged KINFRA's demand for a difference in lease premium for their industrial unit, which was imposed after a change in the company's composition and name. KINFRA had issued a communication stating that permission to occupy would only be granted upon this payment.
Key Issues
The key issue was whether KINFRA could demand a difference in lease premium from the petitioner due to a change in the company's composition and name, and how this demand should be evaluated in light of new government rules.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 WP(C) NO. 16506 OF 2018 PETITIONER: CRUST 'N' CRUMB FOOD INNOVATIONS INDIA LTD. BLOCK NO. 32, KINFRA SMALL INDUSTRIES PARK, NELLAD P.O., ERNAKULAM, KERALA-686 669, REPRESENTED BY DIRECTOR NOUSHAD NAINA M.S.
BY ADV SRI.S.SUJIN RESPONDENTS: 1 THE MANAGING DIRECTOR, KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. KINFRA HOUSE, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. 2 THE PRINCIPAL SECRETARY INDUSTRIES & COMMERCE DEPARTMENT, GOVERNMENT OF KERALA, VIKASBHAVAN, THIRUVANANTHAPURAM-695 010. 3 THE PARK MANAGER KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., NELLAD, MAZHUVANNUR, ERNAKULAM-686 669. BY ADV SMT.LATHA ANAND SMT. PREETHA.K.K., SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16506 OF 2018 -2- JUDGMENT The reliefs sought for in the writ petition are as follows: “i) To issue a writ of certiorari or any other appropriate writ, order or direction to issue certiorari quash Exhibit.P11 i
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