Dismissed

Thrissur District Sc St Small Scale Industries Merchants Association v. the Director Industries and Commerce/Industries Development Commissioer

Kerala HC18 Feb 2019WP(C)/4060/2019

Case brief

AI extract

What is this about?

The High Court of Kerala maintained a writ petition filed by an SC/ST merchants' association. The petitioner sought handover of industrial shed ownership and cessation of rent collection. The Court directed the Director, DIC to examine the pending representation regarding ownership transfer, elicit a report from the General Manager, DIC, and decide the matter after granting an opportunity of being

What did the court decide?

Ordered the 1st Respondent (Director of Industries and Commerce) to examine the pending representation from 2.8.2018, get a report from the 2nd Respondent, and decide the matter after granting an oppo

Thrissur District Sc St Small Scale… — Pension and Retirement Benefits | 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 ALEXANDER THOMAS

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MONDAY ,THE 18TH DAY OF FEBRUARY 2019 / 29TH MAGHA, 1940

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WP(C).No. 4060 of 2019

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PETITIONER/S:

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1 THRISSUR DISTRICT SC/ST SMALL SCALE INDUSTRIES MERCHANTS ASSOCIATION REG.NO.601/1997, P.O.PULLUR, PIN-680683, REPRESENTED BY ITS SECRETARY A.K. CHANDRAN.

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2 A.K. CHANDRAN, ARAKKAL HOUSE, AMBALANADA, PULLUR P.O, THRISSUR.

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BY ADV. SRI.C.D.DILEEP

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RESPONDENT/S:

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1 THE DIRECTOR OF INDUSTRIES AND COMMERCE/INDUSTRIES DEVELOPMENT COMMISSIONER/REGISTRAR OF INDUSTRIAL COOPERATIVES, THIRUVANANTHAPURAM -695 001

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2 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, AYYANTHOLE P.O,THRISSUR, PIN-680003.

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3 THRISSUR DISTRICT MINI INDUSTRIAL ESTATE, CO-OP.SOCIETY LTD, NO.S.IND(R) 420, OLARIKKARA, PULLAZHI P.O, THRISSUR DISTRICT - 680012 REPRESENTED BY ITS SECRETARY.

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OTHER PRESENT:

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SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R1& R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4060 of 2019

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ALEXANDER THOMAS, J .

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W.P(C).No.4060 Of 2019

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Dated this the 18^th day of February, 2019.

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J U D G M E N T

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The prayers in the above Writ Petition

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(Civil) are as follows:

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“I. To issue a writ of Mandamus or any appropriate order or direction directing the respondents to hand over the ownership of the shed by collecting reasonable consideration.

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II. To issue a writ of Mandamus or any appropriate order or direction directing the respondents not to collect rent from the members of 1^st petitioner.

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III. Issue a writ of Mandamus directing the 1^st respondent to consider and take decision in the Ext-P6 representation pending before them.

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IV. Granting such other relief's as the petitioner may apply and the court may deem fit and proper to grant.”

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2. Heard Sri.C.D.Dileep, learned counsel

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for the petitioners and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondents 1 & 2. In the nature of the orders that is proposed to be passed in this petition notice to the 3^rd respondent will stand dispensed

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with.

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WP(C).No. 4060 of 2019

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3. The petitioner is an Association of Small Scale Entrepreneurs and Merchants belonging to SC/ST communities. In view of the decision of this Court in Maradu Market Traders' Association

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v. State of Kerala , reported in 2018 (3) 212, as the present Writ Petition is filed by the petitioner seeking relief on behalf of members, the Registry has noted defect and directed the petitioner to make available a list of the members to be produced and court fee has to be

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paid in respect of each of such individual members for whom individual relief is claimed. The Registry has now informed that pursuant to the defect noted by the Registry, the petitioner has produced the list of members.

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4. It is stated that the members of the

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association belongs to SC/ST community, who are industrial unit owners and members of the

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3^rd respondent-Industrial Co-operative Society functioning under the 2^nd respondent-Industries

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WP(C).No. 4060 of 2019

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Department. As per the registered bye-laws of the Society, it is working for the welfare of SC/ST entrepreneurs, who have started self employment business. That the industrial estate is started by the respondents utilising the public land including Government land and Panchayat land allotted for the welfare of members of the SC/ST and the construction is done by utilising Special Component Programme (SCP) Fund of the Government and after construction of the industrial sheds, the 2^nd respondent-General Manager, DIC, Thrissur, allots the industrial sheds for SC/ST members after due notification process and that in the said allotment orders issued by respondents 1 & 2, there is no stipulation regarding the rent to be paid by the allottees. However, the 3^rd respondent-Society is

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collecting rent from the members of the association. Further it is stated that the 3^rd respondent-Society is also having general

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WP(C).No. 4060 of 2019

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category members apart from the members belonging to SC/ST and some rooms were allotted to general members by executing sale deed, discriminating the petitioners and also collecting exorbitant rent from the petitioners. It is stated that the 2^nd respondent-General Manager-DIC has issued Ext.P-4 letter No.B9/1470/05 dated 29.8.2006 to the 3^rd respondent-Society as to under what authority rent has been collected from the members of the Society and whether the said amount has been duly remitted to the Governmental authorities, etc. In response to that Ext.P-5 reply dated 2.10.2016 has been given by the 3^rd respondent admitting that the amounts have been utilised from the government fund, etc. Petitioners have now submitted Ext.P-6 representation dated 2.8.2018 before the 1^st respondent-Director of Industries and Commerce for handing over ownership of the industrial sheds to SC/ST members after accepting reasonable

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WP(C).No. 4060 of 2019

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consideration and to avoid collection of rent from SC/ST entrepreneurs. The complaint of the petitioners is that though Ext.P-6 representation has been submitted before the 1^st respondentDirector of Industries and Commerice, seeking his intervention that the collection of rent is stopped and industrial plots are duly allotted to the members of the petitioner-Association after collecting requisite consideration thereof, etc. as early as on 2.8.2018, no effective action is forthcoming.

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4. Taking note of the facts and

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circumstances disclosed in this petition, it is ordered that the 1^st respondent-Director, DIC. will immediately take up the request made by the petitioner in Ext.P-6 representation dated 2.8.2018 and will get a report on the matters therein from the 2^nd respondent-General Manager, DIC, and a copy of the report of the 2^nd respondent should also be furnished to the

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WP(C).No. 4060 of 2019

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petitioners as well as the 3^rd respondent in advance and thereafter the 1^st respondent will grant a reasonable opportunity of being heard to

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the petitioners through their authorised representative, if any, and will take a considered decision on the matter, without much delay, preferably within a period of 2 months from the date of production of a certified copy of this judgment.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

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Sd/- ALEXANDER THOMAS, Judge.

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bkn/-

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WP(C).No. 4060 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY RESPONDENT	OF SOC	THE IETY	BYE-LAW OF THE 3RD .
EXHIBIT P2	A TRUE COPY THE 2ND RES	OF PON	THE DENT	ALLOTMENT ORDER OF DATED 18.6.2005.
EXHIBIT P2 A	A TRUE COPY THE 2ND RES	OF PON	THE DENT	ALLOTMENT ORDER OF DATED 31.03.2005.
EXHIBIT P3	A TRUE COPY RESPONDENT 20.12.2005.	OF TO	THE THE	LETTER OF THE 3RD 2ND RESPONDENT DATED
EXHIBIT P4	A TRUE COPY 2ND RESPOND 29.08.2016.	OF ENT	LET TO	TER ISSUED BY THE THE 3RD RESPONDENT
EXHIBIT P5	A TRUE COPY RESPONDENT	OF DAT	REP ED 2	LY OF THE 3RD .10.2006.
EXHIBIT P6	A TRUE COPY	OF	THE	REPRESENTATION
	PENDING BEF	ORE	THE	1ST RESPONDENT.

Thrissur District Sc St Small Scale Industries Merchants Association v. the Director Industries and Commerce/Industries Development Commissioer

Case brief

What is this about?

What did the court decide?

Thrissur District Sc St Small Scale Industries Merchants Association v. the Director Industries and Commerce/Industries Development Commissioer

Case brief

What is this about?

What did the court decide?

What the court decided

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