The High Court of Kerala Review Bench considered review petitions filed against a judgment directing the formation of a fresh feasibility report for reviving the Kerala State Sericulture Co-Operative Apex Society Ltd. (SERIFED).
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 MR.JUSTICE N.NAGARESH
MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944
RP NO. 147 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C)
40553/2016 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
THIRUVANANTHAPURAM TALUK SERICULTURE CO-OPERATIVE SOCIETY LTD. NO.KV. IND (T) 309, THIRUVANANTHAPURAM - 695 501, REPRESENTED BY ITS SECREARY.
BY ADV SRI.D.SOMASUNDARAM
RESPONDENTS/RESPONDENTS:
RP Nos.147 & 155 of 2022
: 2 :
SRI.P.G.PRAMOD, GOVERNMENT PLEADER SRI.T.V.GEORGE, SC FOR SERIFED
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28.03.2022, ALONG WITH RP.155/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.147 & 155 of 2022
: 3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944
RP NO. 155 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) 40618/2016 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
NEYYATTINKARA TALUK SERICULTURE CO-OPERATIVE SOCIETY LTD., NO.K.V.IND(T) 314, BP III/820, KATTAKADA ROAD, BALARAMAPURAM P.O., THIRUVANANTHAPURAM - 695 509, REPRESENTED BY ITS PRESIDENT.
BY ADVS. SRI.P.CHANDRASEKHAR SRI.C.V.MANUVILSAN
RESPONDENTS/RESPONDENTS:
RP Nos.147 & 155 of 2022
: 4 :
4 THE KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY LTD., NO.K.V.IND 2, (SERIFED), T.C.NO.16/1709(2), ULLOOR LANE, DPI JUNCTION, THIRUVANANTHAPURAM - 695 014, REPRESENTED BY ITS MANAGING DIRECTOR.
5 CENTRAL SILK BOARD, MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, 100FT RING ROAD, BTM LAY OUT, MADIWALA, BANGALORE - 560 068, KARNATAKA-REPRESENTED BY ITS MEMBER SECRETARY.
SRI.P.G.PRAMOD, GOVERNMENT PLEADER SRI.SHRI HARI RAO, CGC SRI.T.V.GEORGE, SC FOR SERIFED
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28.03.2022, ALONG WITH RP.147/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.147 & 155 of 2022
: 5 :
N. NAGARESH, J.
R.P. No.147 of 2022 in W.P.(C) No.40553 of 2016 and R.P. No.155 of 2022 in W.P.(C) No.40618 of 2016
Dated this the 28th day of March, 2022
O R D E R
~ ~ ~ ~ ~ ~
W.P.(C) Nos.35173, 40553 and 40618 of 2016,
8550 of 2017 and 15961 of 2020 were filed by the respective petitioners seeking revival of the Kerala State Sericulture Co-operative Apex Society Limited (SERIFED). This Court, after considering the entire facts of the case, disposed of the afore writ petitions along with W.P.(C) No.35303 of 2016 with
the following orders and directions:
(1) Respondents 1 and 2 are directed to cause appropriate enquiry and investigation into the
RP Nos.147 & 155 of 2022
: 6 :
action of the nominated Board of Directors of the SERIFED in recruiting about 300 employees in SERIFED in violation of law and also into the action of the Government in absorbing 271 employees illegally recruited in SERIFED into the Government Services and in the services of Kerala Khadi and Village Industries Board and take appropriate action based on such enquiry/ investigation, in accordance with law;
(2) The impugned Ext.P14 order dated 07.01.2017 in W.P.(C) No.35173/2016 and Ext.P4 order dated 08.05.2020 in W.P.(C) No.15961/2020 are quashed;
(3) The Central Silk Board, SERIFED and the Director of Handlooms and Textiles are directed to nominate their representative to the ThreeMember Committee decided to be formed in the meeting convened by the Chief Secretary on 05.07.2017 and communicate the nominations to the Chief Secretary forthwith;
(4) The Three-Member Committee shall formulate a fresh Project Report on the feasibility of revival of SERIFED, Post-Cocoon Sector and Silk Weaving in Kerala, and submit the same to the 1st respondent within a period of four months;
(5) Respondents 1 and 2 (in W.P.(C) No.35173/2016) shall take a final decision on the revival of SERIFED, Post-Cocoon Sector and Silk Weaving in Kerala, within a further period of two months from the date of receipt of the Project Report;
(6) The petitioners in W.P.(C) No.35303/2016 are permitted to get Ext.P1 Award in I.D. No.58/99 of the Industrial Tribunal, Alappuzha executed/implemented, invoking the provisions of the Industrial Disputes Act, 1947.
RP Nos.147 & 155 of 2022
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The petitioners in W.P.(C) Nos.40618 and 40553 of 2016 have filed the review petitions.
RP Nos.147 & 155 of 2022
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given to the respondents to proceed on the basis of the earlier feasibility report.
RP Nos.147 & 155 of 2022
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now. The direction to have a fresh project report was issued
due to the afore reason.
This Court therefore do not find any error apparent
on the face of the records, warranting interference in review.
The review petitions therefore fail and they are consequently
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/25.03.2022
2 issues framed by the court
Whether the High Court committed an error apparent on the face of the record by directing a fresh feasibility report for SERIFED revival six years after the 2015 report.
Whether a fresh feasibility report is required given the lapse of time and changed market conditions.
Thiruvananthapuram Taluk Sericulture Co-Operative Society Ltd.
Neyyattinkara Taluk Sericulture Co-Operative Society Ltd.
State of Kerala
Principal Secretary, Department of Industries
Kerala State Sericulture Co-Operative Apex Society Ltd.
Central Silk Board
N. Nagareth, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
