Disposed

Saju C.O. v. the State of Kerala

Kerala HC28 Oct 2020WP(C)/30456/2017

Case brief

AI extract

What is this about?

Petitioners, land allottees, sought a writ for execution of sale deeds by SIDCO. The court, citing lack of No Objection Certificate from the District Collector, directed the State to direct the Collector to consider applications for NOC so SIDCO could execute deeds.

What did the court decide?

Directed the 1st respondent to direct the District Collector to consider NOC applications pending from 2017 and 2018.

Saju C.O. Vs the State of Kerala — Property and Title | Kerala HC (2020)

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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 N.NAGARESH

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WEDNESDAY,THE 28TH DAY OF OCTOBER 2020/6TH KARTHIKA, 1942

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WP(C).No.30456 OF 2017

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PETITIONERS:

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1 SAJU C.O.,S/O OUSEPHUNNI,CHEERAN HOUSE, NALLALAM P.O.,KOZHIKODE DST.

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2 S. SNEHALATHA,W/O K.MOHANAN NAIR, SOPANAM,MALAPARAMBA P.O.,KOZHIKODE DST.

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3 SUBHASH NAIR,S/O SIVASANKARAN NAIR,2/216A, SUDARSHAN,KARAPARAMB P.O.,KOZHIKODE DST.

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BY ADV. SRI.P.VINODKUMAR

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RESPONDENTS:

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1 THE STATE OF KERALA REP. BY THE SECRETARY, INDUSTRIES DEPARTMENT,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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2 THE MANAGING DIRECTOR KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD.,THIRUVANANTHAPURAM-695 001.

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3 THE ESTATE MANAGER,INDUSTRIAL ESTATE, WEST HILL,WEST HILL P.O., KOZHIKODE. 673 005.

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BY ADV. SRI.M.RAJAGOPALAN NAIR, SC BY ADV. MR.BIJU G., SC, SIDCO GOVERNMENT PLEADER SMT. DEEPA NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.30456/2017

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J U D G M E N T

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Dated this the 28^th day of October, 2020

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The petitioners are land allottees running industrial units in the Industrial Estate, West Hill, Kozhikode. They are before this Court seeking to issue a writ of Mandamus directing the 2^nd respondent-Kerala Small Industries Development Corporation Ltd. (SIDCO) to execute Sale Deeds in favour of the petitioners.

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When this writ petition was taken up for hearing today, learned Standing Counsel for the 2^nd respondentSIDCO submitted that though applications were submitted to the District Collector seeking NOC during the years 2017 and 2018, the 2^nd respondent has not received the NOC so far.

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In the circumstances, the writ petition is disposed of directing the 1^st respondent to give appropriate direction to the District Collector concerned, to consider the applications

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WP(C) No.30456/2017

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: 3 :

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for NOC in respect of the petitioners. On receipt of NOC, the 2^nd respondent shall take expeditious steps to execute sale

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deeds.

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Sd/- N. NAGARESH, JUDGE

aks/11.12.2020

WP(C) No.30456/2017

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APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.IE(3)/W.H/16522/80 DATED 31.10.2015. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.IE(8)WH/4824/06 DATED 28.11.2013. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO.IE(8)WH/4824/06 DATED 27.05.2015. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.IE(3)WH/31 DATED 29.5.2013. EXHIBIT P5 TRUE COPY OF THE G.O(M.S) NO.14/2003/ID DATED 27.1.2003. EXHIBIT P6 TRUE COPY OF THE SALE DEED EXECUTED BY THE 2ND RESPONDENT IN FAVOUR OF K.J.SCARIA. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 7.9.2016. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.C 16362 OF 2016. RESPONDENTS' EXHIBITS ANNEXURE R2(a) TRUE COPY OF THE SPECIMEN SALE DEED APPROVED BY GOVERNMENT ANNEXURE R2(b) TRUE COPY OF THE ALLOTMENT RULES OF THE CORPORATION

Saju C.O. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Saju C.O. v. the State of Kerala

Case brief

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