Remanded

M/S.Etz Industries v. State of Kerala

Kerala HC24 Oct 2016WP(C)/34014/2016

Case brief

AI extract

What is this about?

The High Court of Kerala, in this writ petition, issued a direction to the 2nd respondent to act on a pending industrial unit application submitted by the petitioner firm, mandating a decision within a month after hearing.

What did the court decide?

Direction to the 2nd respondent to take the Single Window application on board and pass a decision after opportunity of hearing within a month.

M/S.Etz Industries Vs State of Kerala — Service and Employment | 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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MONDAY, THE 24TH DAY OF OCTOBER 2016/2ND KARTHIKA, 1938

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WP(C).No. 34014 of 2016 (B)

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PETITIONER(S):

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1. M/S.ETZ INDUSTRIES BUILDING NO. 2/873, EMBASSERY HOUSE, KURUPPAMPADY P.O., PIN- 683 545, REPRESENTED BY ITS MANAGING PARTNER, MR. PAULOSE JOHN, AGED 43,

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E.P. JOHN, EMBASSERY HOUSE, KURUPPAMPADY P.O., ERNAKULAM DISTRICT, PIN- 683 545.

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2. MR. PAULOSE HOHN,AGED 43 YEARS, S/O. E.P. JOHN, MANAGING PARTNER OF M/S ETZ INDUSTRIES, EMBASSERY HOUSE, KURUPPAMPADY P.O.,

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ERNAKULAM DISTRICT, PIN- 683 545.

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3. SHOBHA LIZ PAULOSE, AGED 37 YEARS, W/O. PAULOSE JOHN, PARTNER OF M/S ETZ INDUSTRIES, EMBASSERY HOUSE, KURUPPAMPADY P.O., ERNAKULAM DISTRICT, PIN- 683 545.

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BY ADVS.SRI.V.J.JOSEPH SMT.M.V.LIGI

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE INDUSTRIES DEPARTMENT SECRETARIAT BUILDINGS, THBIRUVANANTHAPURAM.

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2. ERNAKUKLAM DISTRICT INDUSTRIAL SINGLE WINDOW CLEARANCE BOARD,ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD P.O., PIN-682 030., REPRESENTED BY THE DISTRICT COLLECTOR ERNAKULAM AND CHAIRMAN OF THE ERNAKULAM DISTRICT INDUSTRIAL SINGLE WINDOW CLEARANCE BOARD.

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WP(C).No. 34014 of 2016 (B)

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3. THE GENERAL MANAGER, THE ERNAKULAM DISTRICT INDUSTRIES CENTRE, KAKKANAD, ERNAKULAM -682 030.

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BY SENIOR GOVERNMENT PLEADER SMT.K.R. DEEPA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34014 of 2016 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.	P1:	TRUE COPY OF THE DEED OF RECONSTITUTION OF PARTNERSHIP EXECUTED BY THE 2ND AND 3RD PETITIONER DATED 27.11.2014.
EXT.	P2:	TRUE COPY OF SALE DEED NO. 1440/2014 DATED 30.05.2014 OF SUB REGISTRY OFFICE, KURUPPAMPADY IN FAVOUR OF 2ND PETITIONER.
EXT.	P3:	TRUE COPY OF CONSENT LETTER DATED 20.02.2014 GIVEN BY K.P. VARGHESE S/O. PATHROSE TO THE 1ST PETITIONER.
EXT.	P4:	TRUE COPY FO CONSENT LETTER DATED 20.02.2014 GIVEN BY AYYAPPAN S/O. CHATHAN TO THE 1ST PETITIONER.
EXT.	P5:	TRUE COPY OF CONSENT LETTER DATED 20.02.2014 OF E.A RAJAN S/O. AYYAPPAN TO THE 1ST PETITOIONER.
EXT.	P6	TRUE COPY OF THE CONSENT LETTER DATED 25.02.2013 GIVEN BY BABY T.P. T.O. PATHROSE, SASI C.A MARIYAMMA VARGHESE, BENNY T.P. BAIJU T.P., C. T. MADHAVAN AND KURUBAN THEVAN TO THE 1ST PETITIONER.
EXT.	P7:	TRUE COPY OF APPLICATION DATED 09.12.2015 SUBMITTED BY THE 2ND PETITIONER BEFORE THE RAYAMANGALAM GRAMA PANCHAYAT.
EXT.	P8:	TRUE COPY OF THE ANSWERS GIVEN BY THE RAYAMANGALAM GRAMA PANCHAYATH NO. A2-8724/2015 DATED 11.12.2015 IN EXT-P7 TO THE 2ND PETITIONER.
EXT.	P9:	TRUE COPY OF THE PROJECT REPORT FOR EFFLUENT TREATMENT PLANT FOR THE PROPOSED INDUSTRIAL UNIT OF THE PETITIONERS FIRM.
EXT.	P10:	COPY OF SPECIFICATION AND QUOTATIONFOR COMPONENTS OF 3 500 CFT EACH OVERHEAD TYPE TIMBER SEASONING KILN COMPONENTS OPERATED WITH HOT WATER GENERATOR NO.CIN: L 29299 WB 1964PL C026250 DT 22/11/2014 OF ASCU ARCH TIMBER PROTECTION LIMITED.

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WP(C).No. 34014 of 2016 (B)

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EXT. P11: COPY F THE PROJECT PROPOSAL DATED NIL OF THE 1ST PETITIONER FIRM. EXT.P12: COPY OF ENTREPRENEURS' MEMORANDUM FOR SETTING UP THE PROPOSED SMALL SCALE INDUSTRIAL UNIT DT 7/7/2014 SUBMITTED BEFORE THE R3. EXT.R13: COPY OF APPLICATION FOR SANCTION DT 5//2015 SUBMITTED BEFORE THE R2.

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

SHAJI P. CHALY, J.

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W.P.(C)No.34014 of 2016

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Dated this the 24^th day of October, 2016

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J U D G M E N T

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First petitioner is a partnership firm registered under

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the Indian Partnership Act, 1932 with registration No.3836/2015 dated 22.08.2015 of the Registrar of Firms, Thiruvananthapuram. Second petitioner is the Managing Partner of the said firm. Availing the single window clearance benefit, petitioners have submitted Ext.P12 application before the 3^rd respondent which is dated 7.7.2014. Since there was no action, petitioner has submitted Ext.P13 before the 2^nd respondent, seeking early consideration of Ext.P12 application. According to the petitioners, in spite of their earnest efforts respondents are not taking any action as provided under the relevant Act. It is in this background, seeking appropriate direction, this writ petition is filed.

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Having heard learned counsel for the

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petitioners and learned Government Pleader, I think it is

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W.P.(C)No.34014 of 2016 2

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only appropriate, a direction is issued to the 2^nd respondent to take on board Ext.P12 application submitted by the petitioner and take a decision in accordance with law after providing an opportunity of hearing to petitioner within a month 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/- SHAJI P. CHALY, JUDGE.

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[ True copy]

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P.A. to Judge

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rmm/25/10/2016

M/S.Etz Industries v. State of Kerala

Case brief

What is this about?

What did the court decide?

M/S.Etz Industries v. State of Kerala

Case brief

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