Sastha Steels PVT LTD vs. State Of Kerala

WP(C)/4421/2024HC KeralaGSTCNR KLHC01079332202414 May 2024Bench: HONOURABLE MR.JUSTICE VIJU ABRAHAM23 pages
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Held

The Court found that the resumption orders were passed without affording Sastha Steels a proper opportunity of being heard, especially considering the COVID-19 restrictions. It set aside the resumption orders and the subsequent re-allotment, directing the DIC to reconsider the matter after granting a fresh hearing to Sastha Steels.

Facts

Sastha Steels Pvt Ltd, a steel manufacturing company, was allotted industrial land by the District Industries Centre (DIC). The DIC subsequently resumed portions of this land, citing non-utilization, and re-allotted some to Alvin John. Sastha Steels challenged these resumption and re-allotment orders, alleging procedural irregularities, including denial of a proper hearing during the COVID-19 pandemic, and asserting continuous operation and utilization of the land.

Key Issues

The key legal issues were the legality of the land resumption by the District Industries Centre without a proper hearing and the subsequent re-allotment, particularly in light of procedural irregularities and the original allottee's claims of land utilization.

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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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