Disposed

Soosy George v. Government of Kerala

Kerala HC7 Jun 2016WP(C)/10009/2016

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition filed by a petitioner seeking transfer of ownership of industrial plots under hire purchase agreements. The court directed authorities to measure plots, assess additional dues, and assign title if payments are made.

What did the court decide?

Director to measure plots within four weeks, inform petitioner of further dues if any, and Government to assign plots within two months of payment.

Soosy George Vs Government of Kerala — Writ and Judicial Review | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 7TH DAY OF JUNE 2016/17TH JYAISHTA, 1938

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WP(C).No. 10009 of 2016 (A)

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PETITIONER:

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SOOSY GEORGE, PROPRIETRIX, M/S. THAMPARATTI FOOD PRODUCTS PLOT NO.21, POOVANTHURUTHU INDUSTRIAL DEVELOPMENT PLOT, POOVANTHURUTHU, KOTTAYAM-686012.

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BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY

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RESPONDENTS:

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1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES AND I.T., GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-697001.

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2. THE DIRECTOR OF INDUSTRIES & COMMERCE, GOVERNMENT OF KERALA, VIKAS BHAVAN, THIRUVANANTHAPURAM-697001.

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3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM-697001.

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ADDL.R4 IMPLEADED

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4. THE DISTRICT COLLECTOR, KOTTAYAM.

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ADDL.R4 SUO MOTU IS IMPLEADED AS PER JUDGMENT DATED 7/6/2016.

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R BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10009 of 2016 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1- A TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 25-1-1993. EXHIBIT P2- A TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED

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EXHIBIT P3- A TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED

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EXHIBIT P4- A TRUE COPY OF THE LETTER DATED 12-12-2015 TO THE 3RD RESPONDENT WITH COPY TO THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

P.B.SURESH KUMAR, J.

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W.P.(C)No.10009 of 2016

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-----------------------------------------------Dated this the 7^th day of June, 2016

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JUDGMENT

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The District Collector, Kottayam is impleaded suo motu as the additional fourth respondent in the writ petition.

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The Industries Department of the State Government has allotted 3 industrial plots to the petitioner as per the terms of Exts.P1 to P3 agreements. Exts.P1 to P3 agreements provide that when all the sums due to the Government as per the terms of the said agreements are paid, the Government shall transfer the ownership of the plots to the petitioner, if it is found that the plots are maintained properly. The case of the petitioner is that she has remitted all the sums due to the Government as per the

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W.P.(C)No.10009 of 2016

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terms of the said agreements and therefore she is entitled to get the plots assigned in her favour. The grievance voiced by the petitioner in the writ petition is that despite the fact that the amounts due to the Government are paid in full, steps are not being taken by the respondents to complete the formalities for transfer. The petitioner, therefore, prays for a direction to the respondents to execute assignment deeds in her favour in respect of the plots covered by Exts.P1 to P3 agreements.

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The learned Government Pleader, on instructions, submits that before appropriate assignment deeds are executed in favour of the petitioner in respect of plots covered by Exts.P1 to P3 agreements, the plots are to be measured for the purpose of satisfying the extent mentioned in the agreements and if it is found that some more amounts are payable by the petitioner having regard to the extent of the plots, assignment deeds can be executed only on payment of the further amounts, if any,

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W.P.(C)No.10009 of 2016

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found due to the Government. It was also pointed out that it is for the Government to execute the assignment deeds on completion of the formalities as indicated above and files will be transferred to the Government on completion of the formalities for the said purpose.

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4 Having regard to the facts and circumstances of the case as also the submissions made at the Bar, I deem it appropriate to dispose of the writ petition as follows:

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The additional fourth respondent shall forward to the third respondent, the sketch, Mahazar and land value sought by the third respondent in respect of the plots referred to in Exts.P1 to P3 within four weeks from today.

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Thereupon the third respondent shall inform the petitioner, the additional amounts, if any, payable by the petitioner.

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If the petitioner makes the further payments, if any, found due, Government shall

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W.P.(C)No.10009 of 2016

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assign the plots in favour of the petitioner within two months thereafter, in accordance with the agreements.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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smm

Soosy George v. Government of Kerala

Case brief

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Soosy George v. Government of Kerala

Case brief

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