Disposed

Sovereign Pet Performs Pvt. Ltd, v. the Principal Secretary to Government

Kerala HC14 Mar 2019WP(C)/6300/2019

Case brief

AI extract

What is this about?

Petitioner, a lessee of KINFRA Small scale industries park, sought direction for early consideration of representation Ext.P8 regarding non-provision of facilities. The Court directed the Managing Director to finalize it within a month after hearing and to hold coercive actions pending.

What did the court decide?

Direction to Managing Director of 2nd respondent to finalize Ext.P8 within one month after hearing; coercive action on Ext.P7 to be put on hold.

Sovereign Pet Performs Pvt. Ltd, Vs the… — Labour and Industrial Disputes | 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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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 6300 of 2019

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PETITIONER/S:

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SOVEREIGN PET PERFORMS PVT LTD, PLOT NO.7, KINFRA SMALL INDUSTRIES PARK, PAMALA, KUNNAMTHANAM P.O, PATHANAMTHITTA, REPRESENTED BY ITS MANAGING DIRECTOR, ARUN.R., AGED 27 YEARS, ASWATHY, AYAPARAMPU, CHERUTHANA.P.O., ALAPPUZHA DISTRICT, PIN - 690 517.

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BY ADVS. SRI.JACOB CHACKO SRI.C.A.JOJO SRI.MATHEWS JOSEPH

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RESPONDENT/S:

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1 THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION, KINFRA HOUSE, 31/2312, SASTHAMANGALAM, THIRUVNANTHAPURAM - 695 010. REPRESENTED BY ITS MANAGING DIRECTOR.

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3 THE GENERAL MANAGER (P AND BD) THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION, KINFRA HOUSE, 31/2312, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010.

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4 THE PARK MANAGER, KINFRA PARK, KUNNAMTHANAM 689 581.

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R1 BY SMT.B VINITHA, GOVERNMENT PLEADER R4 BY SMT.LATHA ANAND, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6300 of 2019

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JUDGMENT

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Petitioner is a lessee of of an extent of 8.11 Ares of property in Kunnamthanam Village forming part of KINFRA Small scale industries park in Pathanamthitta District, for a lease period of 30 years commencing from 27.1.2014, for a total license premium of Rs.90,870/- per acre. The grievance highlighted by the petitioner in this writ petition is in respect of Ext.P7 Accounts statement issued to the petitioner on the ground that respondents have not provided with facilities as is agreed upon in the agreement executed by and between the parties. Therefore, petitioner has submitted Ext.P8 before the General Manager of KINFRA, which is pending consideration and seeks direction for early consideration of Ext.P8.

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I have heard learned Counsel for the petitioner, learned Standing Counsel appearing for respondents 2 to 4.

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Having regard to the facts and circumstances of the case, and appreciating the arguments advanced by respective Counsel across the Bar, there will be a direction to the Managing Director of the 2^nd respondent to finalise Ext.P8, in accordance with law, at the earliest and at any rate within a month from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the

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WP(C).No. 6300 of 2019

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petitioner. If any coercive action is made on the basis of Ext.P7, the same shall be put on hold till such time the directives are complied with.

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The writ petition is disposed of accordingly.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No. 6300 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LICENSE AGREEMENT DATED 27.01.2014.

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EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE MEETING DATED 19.01.2011 ISSUED BY THE JUNIOR MANAGER OF THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 19.02.2015 TO THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 06.10.2016 TO THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE MEETING DATED 28.03.2015. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 05.03.2018 TO THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE STATEMENT DATED 31.01.2019 4TH RESPONDENT IS PRODUCED. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 12.02.2019. EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.5314/2019 DATED 21.02.2019.

Sovereign Pet Performs Pvt. Ltd, v. the Principal Secretary to Government

Case brief

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Sovereign Pet Performs Pvt. Ltd, v. the Principal Secretary to Government

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