The High Court of Kerala, on the submission that the underlying matter had been settled out of court via a compromise petition, closed two civil writ petitions without further consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY ,THE 06TH DAY OF SEPTEMBER 2018 / 15TH BHADRA, 1940
WP(C).No. 1951 of 2015
PETITIONER/S:
M/S. MARIKAR ENGINEERS PRIVATE LIMITED, TRIVANDRUM MARIKAR BUILDINGS, M.G.ROAD, TRIVANDRUM, REPRESENTED BY ITS SENIOR MANAGER (LEGAL) - J SURESH BABU.
BY ADVS. SRI.V.V.ASOKAN (SR.) SRI.ARUN KUMAR.P SRI.K.I.MAYANKUTTY MATHER
RESPONDENTS/S:
1 GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM- 695 001.
2 THE DIRECTOR OF INDUSTRIES AND COMMERCE, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
3 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF INDUSTRIES AND INFORMATION TECHNOLOGY, SECRETARIAT,THIRUVANANTHAPURAM-695 001.
4 B.K.NARAYANA PILLAI S/O.LATE R.BALAKRISHNA PILLAI, LAXMI VILAS, KUNNUKUZHI, THIRUVANANTHAPURAM-695 037.
BY ADVS. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL SRI.JELSON J.EDAMPADAM SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL SRI.PIRAPPANCODE V.S.SUDHIR
BY GOVT.PLEADER SMT.PRINCY XAVIER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.09.2018, ALONG WITH WP(C).27654/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS.27654/2014 & 1951/2015
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J U D G M E N T
It is submitted by the learned counsel appearing on either side
that the matter has been settled out of court and that a compromise petition
has been preferred before the District Court, Thiruvananthapuram. It is submitted by the learned counsel appearing on either side that nothing survives for consideration in these writ petitions.
In the light of the compromise entered into between the parties,
the writ petitions are therefore closed.
Sd/- ANU SIVARAMAN , JUDGE
MBS/
-true copy-
WP(C) NOS.27654/2014 & 1951/2015
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APPENDIX [WP(C) NO.1951/2015]
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE GOVERNMENT OF KER |
ORDER ISSUED BY THE ALA DATED 26/11/1982. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE REMITTED BY THE 4 3/6/2008. |
PROPERTY TAX RECEIPT TH RESPONDENT DATED |
| EXHIBIT P3 | TRUE COPY OF THE RESPONDENT DATED |
RECEIPT ISSUED BY THE 4TH 30/11/2012. |
| EXHIBIT P3 A | TRUE COPY OF THE RESPONDENT DATED |
RECEIPT ISSUED BY THE 4TH 21.1.2013 |
| EXHIBIT P3 B | TRUE COPY OF THE RESPONDENT DATED |
RECEIPT ISSUED BY THE 4TH 22.6.2013 |
| EXHIBIT P3 C | TRUE COPY OF THE RESPONDENT DATED |
RECEIPT ISSUED BY THE 4TH 21.8.2013 |
| EXHIBIT P3 D | TRUE COPY OF THE RESPONDENT DATED |
RECEIPT ISSUED BY THE 4TH 30.10.2013 |
| EXHIBIT P3 E | TRUE COPY OF THE RESPONDENT DATED |
RECEIPT ISSUED BY THE 4TH 23.12.2013 |
| EXHIBIT P4 | TRUE COPY OF THE THE 4TH RESPONDEN DATED 19.7.2012 |
APPLICATION SUBMITTED BY T BEFORE THE 1ST RESPONDENT |
| EXHIBIT P5 | TRUE COPY OF THE THE PETITIONER BE DATED 19.7.2012 |
REPRESENTATION SUBMITTED BY FORE THE 1ST RESPONDENT |
| EXHIBIT P6 | TRUE COPY OF THE RESPONDENT TO THE 30.4.2013 |
LETTER ISSUED BY THE 3RD 2ND RESPONDENT DATED |
| EXHIBIT P7 | TRUE COPY OF THE RESPONDENT DATED |
LETTER ISSUED BY THE 3RD 20.6.2013 |
| EXHIBIT P8 | TRUE COPY OF THE THE PETITIONER |
PROJECT REPORT SUBMITTED BY |
| EXHIBIT P9 | TRUE COPY OF THE RESPONDENT TO THE 30.9.2013 |
LETTER ISSUED BY THE 3RD 2ND RESPONDENT DATED |
WP(C) NOS.27654/2014 & 1951/2015
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| EXHIBIT P10 | TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE VALIYATHURA POLICE STATION DATED 19.5.2014 |
|---|---|
| EXHIBIT P11 | TRUE COPY OF THE PLAINT IN OS NO 954/2014 BEFORE THE MUNSIFF COURT TRIVANDRUM DATED 23.5.2014 |
| EXHIBIT P12 | TRUER COPY OF THE COMMISSIONER'S REPORT IN OS NO 954/2014 BEFORE THE MUNSIFF COURT, TRIVANDRUM DATED 10.6.2014 |
| EXHIBIT P13 | TRUE COPY OF THE OBJECTION FILED BY THE 4TH RESPONDENT HEREIN IN IA NO 3734/2014 IN OS NO 954/2014 DATED 5.6.2014 |
| EXHIBIT P14 | TRUE COPY OF THE FINAL ORDER OF INJUNCTION PASSED BY THE MUNSIFF COURT TRIVANDRUM IA NO 3734/2014 IN OS 954/2014 DATED 21.11.2014 |
| EXHIBIT P15 | TRUE COPY OF THE WRIT PETITION WPC 20880/2014 WITHOUT THE EXHIBITS DATED 30.7.2014 |
| EXHIBIT P16 | TRUE COPY OF THE JUDGMENT IN WPC NO 25777/2014 OF THIS COURT DATED 7.10.2014 |
| EXHIBIT P17 | TRUE COPY OF THE STATEMENT GIVEN BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 4.12.2014 |
| EXHIBIT P18 | TRUE COPY OF THE STATEMENT GIVEN BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 4.12.2014 |
| EXHIBIT P19 | TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 1.1.2015 |
| EXHIBIT P20 | TRUE COPY OF THE PROCEEDINGS OF THE INDUSTRIES DEPARTMENT ALLOTTING THE SOUTHERN PLOT TO THE 4TH RESPONDENT DATED 24.8.2014 |
| RESPONDENT'S/S EXH | IBITS: |
| ANNEXURE R1 | NIL |
| ANNEXURE R2 | NIL |
| ANNEXURE R3 | NIL |
| ANNEXURE R4 A | TRUE COPY OF THE LICENCE DATED 10.9.1990 ISSUED BY THE DRUGS CONTROLLER IN FAVOUR OF M/S.HOSSER |
WP(C) NOS.27654/2014 & 1951/2015
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PHARMACEUTICALS PVT.LTD.
ANNEXURE R4 B TRUE CPY OF THE CERTIFICATE OF PERMANENT REGISTRATION TO M/S.HOSSER PHARMACEUTICALS PVT.LTD. ISSUED BY THE DEPARTMENT OF INDUSTRIES ND COMMERCE, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM, TO THE 4TH RESPONDENT. ANNEXURE R4 C TRUE COPY OF THE CERTIFICATE DATED 20.7.2005 ISSUED BY THE CHARTERED ACCOUNT. ANNEXURE R4 D TRUE COPY OF THE LETTER NO.H6-18339/05/K.DIS DATED 2.12.2005,ISSUED BY THE ADDITIONAL THASILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. ANNEXURE R4 E TRUE COPY OF THE TAX RECEIPT DATED 12.11.2014 ISSUED BY THE VILLAGE OFFICER, KADAKAMPALLY. ANNEXURE R4 F TRUE COPY OF THE G.O(RT) NO.75/2015 DATED 24.1.2015.
M/S. Marikar Engineers Private Limited
General Manager, District Industries Centre, Thiruvananthapuram
The Director of Industries and Commerce, Government of Kerala
The State of Kerala
B.K.Narayana Pillai
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
