Remanded

P.T. Praksh Babu v. Director of Factories & Boilers

Kerala HC20 Sept 2016WP(C)/28903/2016

Case brief

AI extract

What is this about?

The High Court set aside the order denying a factory license renewal due to pending litigation, as a Sub Court judgment had resolved the ownership dispute. The court directed the third respondent to reconsider the renewal applications.

What did the court decide?

The order declining license renewal shall be set aside; third respondent to reconsider Exts.P12-P16 within six weeks taking into account Sub Court judgment.

P.T. Praksh Babu Vs Director of Factories & Boilers — Company and Corporate | 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 SHAJI P.CHALY

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TUESDAY, THE 20TH DAY OF SEPTEMBER 2016/29TH BHADRA, 1938

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WP(C).No. 28903 of 2016 (K)

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PETITIONER:

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P.T. PRAKSH BABU,

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AGED 54 YEARS, S/O. LATE SRI.P.O.THOMAS VAIDYAN, BHARATH VYDHYASALA, RESIDING AT JAYABHARATHAM BUNGLOW, ARAMPUNNA, ELAMPAL P.O.PUNALUR, KOLLAM DISTRICT-691 322.

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BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.MANOJ RAMASWAMY

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RESPONDENT(S):

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1. DIRECTOR OF FACTORIES & BOILERS, DIRECTORATE OF FACTORIES & BOILERS, GOVERNMENT OF KERALA, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011.

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2. JOINT DIRECTOR OF FACTORIES & BOILERS, O/O JOINT DIRECTOR OF FACTORIES & BOILERS, ASRAMAM, KOLLAM, KERALA-691 001.

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3. INSPECTOR OF FACTORIES & BOILERS, GRADE-II, O/O INSPECTOR OF FACTORIES & BOILERS, MINI CIVIL STATION, CHENGANNUR-689 121.

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BY SENIOR GOVERNMENT PLEADER SRI T.K.ARAVIND KUMAR BABU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 28903 of 2016 (K)

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APPENDIX

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PETITIONER(S)' --------------	EXHIBITS ---------
EXHIBIT P1	COPY OF THE JUDGMENT DATED 19.12.2008 IN OS NO.243/1995 BEFORE THE HON'BLE SUB COURT, KOTTARAKKARA.
EXHIBIT P2	COPY OF THE DECREE DATED 19.12.2008 IN OS NO.243 OF 1995 BEFORE THE HON'BLE SUB COURT, KOTTARAKKARA.
EXHIBIT P3	COPY OF THE DOCUMENT VIDE NO.216/2009 DATED 18.6.2009.
EXHIBIT P4	COPY OF THE L2 CERTIFICATE FOR MANUFACTURING OF MEDICINAL AND TOILET PREPARATIONS CONTAINING ALCOHOL ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM.
EXHIBIT P5	COPY OF THE WHOLE SALE LICENCE IN FORM SP-VI, FOR POSSESSION AND SALE OF SPIRITUOUS PREPARATIONS.
EXHIBIT P6	COPY OF THE SP VII LICENCE FOR RETAIL SALE OF SPIRITUOUS PREPARATIONS.
EXHIBIT P7	COPY OF THE REGISTRATION CERTIFICATE DATED 1.4.2012.
EXHIBIT P8	COPY OF THE CERTIFICATE OF REGISTRATION UNDER VALUE ADDED TAX DATED 29.10.2012.
EXHIBIT P9	COPY OF THE CERTIFICATE OF IMPORTER-EXPORTER CODE (IEC) DATED 30.5.2012 ISSUED BY THE MINISTRY OF COMMERCE AND INDUSTRY.
EXHIBIT P10	COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY DRUGS CONTROLLER (AYURVEDA) DATED 16.2.2016.
EXHIBIT P11	COPY OF THE LICENCE DATED 30.7.2010 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS.
EXHIBIT P12	COPY OF THE APPLICATION FORM DATED 18.10.2010 ALONG WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE FOR THE RELEVANT YEAR.
EXHIBIT P13	COPY OF THE APPLICATION FORM DATED 19.10.2011 ALONG WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE FOR THE RELEVANT YEAR.
EXHIBIT P14	COPY OF THE APPLICATION FORM DATED 13.10.2012 ALONG WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE FOR THE RELEVANT YEAR.
EXHIBIT P15	COPY OF THE APPLICATION FORM DATED 23.10.2013 ALONG WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE FOR THE RELEVANT YEAR.
EXHIBIT P16	COPY OF THE APPLICATION FORM DATED 21.10.2014 ALONG WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE FOR THE RELEVANT YEAR.

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WPC NO 28903 OF 2016 :

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EXHIBIT P17 COPY OF THE LETTER NO.B1/7323/2015/LDIS DATED 26.8.2015 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P18 COPY OF THE LETTER NO.A.1351/14 DATED 21.10.2015 ISSUED BY THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

SHAJI P. CHALY, J.

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W.P.(C) No.28903 of 2016

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Dated this the 20^th day of September, 2016

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JUDGMENT

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Petitioner has filed this writ petition aggrieved by the non-renewal of license for the medicinal manufacturing unit by the third respondent, on the basis of a dispute regarding the ownership of the factory and its premises, pending before the civil court. Petitioner has submitted Exts.P12 to P16 applications seeking renewal of the license, which was declined as per Ext.P17 order passed by the third respondent dated 26.8.2015 holding that, since dispute between the partners of the unit is pending before the Sub Court, Kottarakkara in O.S.No.243/1995, the renewal application cannot be considered. Petitioner produced the judgment and decree passed by the Sub Court, Kottarakkara, evident from Exts.P1 and P2. Therefore, it can

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be seen that in the proceedings before the Sub Court, a judgment and decree is passed. In that view of the matter Ext.P17 order passed by the third respondent is not correct

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W.P.(C) No.28903 of 2016

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and accordingly I set aside the same. Therefore, it is only just and necessary that applications for renewal of the license submitted by the petitioner is reconsidered, taking into account the judgment and decree passed by the Sub Court, Kottarakkara and pass a reasoned order on the basis of the same.

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Therefore, there will be a direction to the third respondent to take on board Exts.P12 to P16 applications for renewal of license and consider the same, in accordance with law, taking into account Exts.P1 judgment and Ext.P2 decree passed by the Sub Court, Kottarakkara, after affording an opportunity of being heard to the petitioner, and take a decision on the same, within six weeks from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY,JUDGE

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dlk/20/9/

P.T. Praksh Babu v. Director of Factories & Boilers

Case brief

What is this about?

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P.T. Praksh Babu v. Director of Factories & Boilers

Case brief

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