Sastha Steels PVT. LTD. vs. Government Of Kerala

WP(C)/1394/2021HC KeralaGSTCNR KLHC01003827202114 May 2024Bench: HONOURABLE MR.JUSTICE VIJU ABRAHAM23 pages
AI SummaryRemanded

Held

The Court set aside the orders of resumption, finding that the matter required reconsideration by the authorities. The Court directed the authorities to consider the petitioner's pending petition and dispose of it after hearing all parties.

Facts

The petitioner company was allotted land for industrial purposes. Subsequently, orders were passed resuming the land, citing non-utilization and lack of industrial activity. The petitioner contended that the land was used as a stockyard as per the allotment conditions and that the resumption proceedings were flawed.

Key Issues

Whether the land resumption orders were justified given the allotment conditions and the petitioner's usage. Whether the proceedings were conducted fairly, especially considering the pandemic context.

Sections Cited

G.O.(Ms) No.8/2020/ID dated 08.01.2020

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Heard together (2 matters)

WP(C) NO. 25667 OF 2021
WP(C) NOS.1394/2021

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946 WP(C) NO. 25667 OF 2021 PETITIONER: SASTHA STEELS PVT LTD NISA, KANJIKODE, PALAKKAD- 678621, REPRESENTED BY ITS MANAGING DIRECTOR, R.ELANGOVAN. BY ADV V.A.VINOD RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR, OFFICE OF DIRECTOR OF INDUSTRIES AND COMMERCE, DIRECTORATE OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033. 3 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD-678621, BEHIND CIVIL STATION. *ADDL.R4 ALVIN JOHN AGED 31YEARS, S/O C I JOHN, CHITTATUKARAKARAN HOUSE, ROSE GARDENS, THIRUVAMBADY, THRISSUR-680 022 *(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 15-06-2022 IN I.A 1/2022) BY ADV TOMSON T.EMMANUEL GP – DEEPA V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.05.2024, ALONG WITH WP(C) NOS.1394/2021, 16999/2022 AND 4421/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No. 1394 & 25667 of 2021, 16999 of 2022 & 4421 of 2024 : 2 : IN THE

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