Max Pack Tapes And Products PVT. LTD. vs. The General Manager, District Industries Centre
Held
The High Court held that a company's name change or reconstitution of its board of directors does not constitute alienation or change of ownership of land. It set aside the conditions in the regularization order (Ext.P25) requiring payment of processing fees and land value difference, finding them unjustified as there was no alienation under the relevant rules.
Facts
The petitioner, an SSI unit, underwent a change in its constitution and name from A.P. Tapes & Products India Ltd. to Max Pack Tapes & Products Pvt. Ltd. The 1st respondent initially issued a land resumption order alleging unauthorized alienation and name change. Subsequently, the 1st respondent agreed to regularize the name change but imposed conditions including a 10% processing fee and payment of the difference in land value.
Key Issues
Whether a change in the name or reconstitution of the board of directors of a private limited company amounts to alienation or change of ownership of allotted industrial land, and whether the conditions imposed for regularizing such changes were legally valid.
Sections Cited
Rule 2(a) of Kerala Allotment of Government Land in Development Areas on Hire Purchase for Industrial Purpose Rules 1969, Rule 19 of Kerala Allotment of Government Land in Development Areas on Hire Purchase for Industrial Purpose Rules 1969
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 5TH DAY OF JULY 2021 / 14TH ASHADHA, 1943 WP(C) NO. 15361 OF 2020 PETITIONER/S: MAX PACK TAPES AND PRODUCTS PVT. LTD. (FORMERLY A.P.TAPES AND PRODUCTS INDIA PVT.LTD.), VIII/715-A, NIDA, KANJIKODE P.O., PALAKKAD, PIN-678 621, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.ABRAHAM JOSE, S/O.A.D.JOSEPH, AGED 45 YEARS. BY ADV JACOB SEBASTIAN RESPONDENT/S: 1 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD, PIN-678 001. 2 THE DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN-695 033. 3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, SECRETARIAT, TRIVANDRUM, PIN-695 001. BY ADV GOVERNMENT PLEADER OTHER PRESENT: SMT.SHEEJA.C.S., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15361 OF 2020 2 P.V.KUNHIKRISHNAN, J. =================== WP(C) No. 15361 OF 2020 =================== Dated this the 5th day of July 2021 J U D G M E N T Petitioner is an SSI unit established in new Industrial Development
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