Disposed

Mascom Steels (India) Pvt. Ltd., v. the Secretary

Kerala HC30 Jan 2019WP(C)/2805/2019

Case brief

AI extract

What is this about?

The court disposed of the writ petition by directing the Tribunal to finalise pending stay application proceedings within three weeks, granting interim permission to the petitioner to continue operating its unit until the Tribunal decides.

What did the court decide?

Direction to the Tribunal to finalise stay application proceedings within three weeks and permit petitioner to continue unit operations pending the outcome.

Mascom Steels (India) Pvt. Ltd., Vs the Secretary — Landlord and Tenant | Kerala HC (2019)

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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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WEDNESDAY,THE 30TH DAY OF JANUARY 2019 / 10TH MAGHA, 1940

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WP(C).No. 2805 of 2019

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PETITIONER :

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M/S. MASCOM STEELS (INDIA) PVT. LTD., HAVING ITS REGISTERED OFFICE AT 1/117, INDUSTRIAL DEVELOPMENT AREA, ERUMATHALA P.O., ALUVA, ERNAKULAM DISTRICT, IN-683 105, REPRESENTED BY THE MANAGING DIRECTOR, SRI. GEORGE ANTONY.

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BY ADVS. SRI.N.JAMES KOSHY KUM.CHINMA ABRAHAM SRI.T.SANJAY

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RESPONDENTS:

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1 THE SECRETARY, EDATHALA GRAMA PANCHAYAT, EDATHALA NORTH P.O., ALUVA, ERNAKULAM DISTRICT, PIN-683 564.

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2 EDATHALA GRAMA PANCHAYAT, EDATHALA NORTH P.O., ALUVA, ERNAKULAM DISTRICT - 683564, REPRESENTED BY ITS SECRETARY.

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3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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ADDL. ADDL. R4. KUNJUMUHAMMED, R4 S/O. KUNJU, AGED 70 YEARS, THOLAKKARA HOUSE, ERUMATHALA P.O., ALUVA, ERNAKULAM DISTRICT - 683112.

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ADDL. ADDL. R5. YOUSAF, R5 S/O. KOCHUAHAMMED, AGED 58 YEARS, THOLAKKARA HOUSE, ERUMATHALA P.O., ALUVA, ERNAKULAM DISTRICT - 683112. ----------------------------------ADDITIONAL R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 30/01/2019 IN IA NO.1/2019.

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R1 & R2 BY BY ADV. SRI.RAAJESH S.SUBRAHMANIAN, SC,

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WP(C).No. 2805 of 2019

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EDATHALA GRAMA PANCHAYATH R3 - SRI.MANURAJ.K.J,GOVERNMENT PLEADER ADDL.R4 AND R5 - SRI.BIJU MARTIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2805 of 2019

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JUDGMENT

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Aggrieved by Ext.P20 order passed by the

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Panchayat dated 22.1.2019 signed by the President of the Grama Panchayat, petitioner has preferred Ext.P22 appeal and Ext.P23 stay application before the Tribunal for Local Self Government Institutions. Apparently in the stay application, the Tribunal has issued notice. Aggrieved by the said order of the Tribunal, this writ petition is filed. Since the petitioner contends that the unit was being run by the petitioner for the past more than 20 years and in view of Ext.P20 order and the failure on the part of the

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Tribunal to grant interim stay, petitioner is unable to conduct the unit.

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I have heard learned counsel for petitioner,

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learned counsel appearing for the Panchayat, learned Government Pleader as well as counsel appearing for additional respondents 4 & 5 and perused the pleadings and documents on record.

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I am of the considered view that, this writ

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petition is to be disposed of with suitable directions

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WP(C).No. 2805 of 2019 4

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since the appeal and stay application are still pending consideration before the competent statutory authority. In that view of the matter, this writ petition is disposed of directing the Tribunal to finalise the proceedings pertaining to the stay application submitted by the petitioner within three weeks from the date of receipt of a copy of this judgment, after providing sufficient opportunity of hearing to all concerned. In order to enable the Tribunal to proceed with the stay application, all parties appeared before this court as specified above shall be present before the Tribunal on 11.2.2019, on which day, I am informed that the case is posted. In the meanwhile, since learned counsel for petitioner submitted that continuously petitioner was working the unit for the past 20 years, permission is granted to the petitioner to continue the operation till the orders are passed on stay application as directed above. I also make it clear that, the observations and directions contained above will not stand in the way of the Tribunal considering the matter on its merit.

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Writ petition is disposed of accordingly.

Smv 31.1.2019.

Sd/-

SHAJI P.CHALY

JUDGE

WP(C).No. 2805 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE	ORIGINAL CERTIFICATE OF
	INCORPORATION NO OF JAI SANKAR ST THE ASSISTANT RE KERALA DATED 17.	.09-13487/1999 IN THE NAME EELS PVT. LTD. ISSUED BY GISTRAR OF COMPANIES, 12.1999.
EXHIBIT P2	TRUE COPY OF THE INCORPORATION OF MASCOM STEEL (IN THE ASSISTANT RE KERALA DATED 12. PETITIONER COMPA	FRESH CERTIFICATE OF THE COMPANY IN THE NAME OF DIA) PVT. LTD. ISSUED BY GISTRAR OF COMPANIES, 5.2008 IN FAVOUR OF THE NY.
EXHIBIT P3	TRUE COPY OF THE DATED 6.1.2005 I TO THE PETITIONE	LICENCE NO.A1.268-04-05 SSUED BY THE 2ND RESPONDENT R.
EXHIBIT P4	TRUE COPY OF THE 26.2.2016 ISSUED THE PETITIONER.	LICENCE NO.226/15-16 DATED BY THE 2ND RESPONDENT TO
EXHIBIT P5	TRUE COPY OF THE RESPONDENT PANCH 15.6.2016.	DECISION OF THE 2ND AYAT COMMITTEE DATED
EXHIBIT P6	TRUE COPY OF THE I.A.NO.1037/2016 THE TRIBUNAL FOR INSTITUTIONS, TH	ORDER DATED 22.6.2016 IN IN APPEAL NO.553/2016 OF LOCAL SELF GOVERNMENT IRUVANANTHAPURAM.
EXHIBIT P7	TRUE COPY OF THE OPERATE/RENEWAL DATED 27.6.2018 ISSUED BY THE KE CONTROL BOARD TO	INTEGRATED CONSENT TO NO.PCB/EKM/DO-1/OA-1297/15 VALID UP TO 30.6.2023 RALA STATE POLLUTION THE PETITIONER COMPANY.
EXHIBIT P8	TRUE COPY OF THE NO.D10/AWY/03/56 ISSUED BY THE DE BOILERS TO THE P	LICENCE/REGISTRATION 2/2002 DATED 29.11.2016 PARTMENT OF FACTORIES AND ETITIONER.
EXHIBIT P9	TRUE COPY OF THE NO.G1-9906/2018 THE DISTRICT FIR	CERTIFICATE OF APPROVAL DATED 31.10.2018 ISSUED BY E OFFICER, FIRE & RESCUE
	SERVICES, ERNAKU	LAM TO THE PETITIONER.

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WP(C).No. 2805 of 2019

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EXHIBIT P10	TRUE COPY OF THE DEMAND NOTICE DATED 21.1.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P11	TRUE COPY OF THE CASH RECEIPT NO.A7605602 DATED 22.1.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P12	TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER COMPANY FOR RENEWAL OF LICENCE BEFORE THE IST RESPONDENT DATED 20.2.2017.
EXHIBIT P13	TRUE COPY OF RECEIPT ISSUED BY THE IST RESPONDENT DATED 20.2.2017 TO THE PETITIONER.
EXHIBIT P14	TRUE COPY OF THE FINAL ORDER DATED 29.11.2018 IN APPEAL NO.553/2016 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
EXHIBIT P15	TRUE COPY OF THE LICENCE FOR RENEWAL APPLICATION DATED 17.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
EXHIBIT P16	TRUE COPY OF THE RECEIPT NO.2293562 DATED 17.2.2019 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT P17	TRUE COPY OF THE REPRESENTATION DATED 16.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
EXHIBIT P18	TRUE COPY OF THE RECEIPT NO.2293563 DATED 17.1.2019 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT P19	TRUE COPY OF THE ORDER NO.B3-488/19 DATED 18.1.2019 OF THE IST RESPONDENT.
EXHIBIT P20	TRUE COPY OF THE DECISION DATED 22.1.2019 OF THE 2ND RESPONDENT PANCHAYAT COMMITTEE.
EXHIBIT P21	TRUE COPY OF THE COMMUNICATION NO.B3 488/19 DATED 23.1.2019 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT P22	TRUE COPY OF THE APPEAL NO.54/2019 FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

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WP(C).No. 2805 of 2019

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EXHIBIT P23 TRUE COPY OF THE AFFIDAVIT AND I.A.NO.127/2019 IN APPEAL NO.54/2019 FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

Mascom Steels (India) Pvt. Ltd., v. the Secretary

Case brief

What is this about?

What did the court decide?

Mascom Steels (India) Pvt. Ltd., v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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