Partly allowed

Hic-Abf Special Foods Pvt.Ltd v. State of Kerala

Kerala HC17 Jul 2024WP(C)/22920/2016

Case brief

AI extract

What is this about?

The High Court set aside the Government order directing resumption of industrial land allotted to the petitioner on technical grounds. The Court directed the Government to reconsider the petitioner's application in light of the Kerala Government Land Allotment and Assignment for Industrial Purposes Rules 2023, which permit alienation with prior permission.

What did the court decide?

Government directed to reconsider the application for land assignment within three months in light of the 2023 Rules.

Hic-Abf Special Foods Pvt.Ltd Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.M.MANOJ

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WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946

¶5

WP(C) NO. 24793 OF 2015

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PETITIONER:

¶7

HIC-ABF SPECIAL FOODS PVT. LTD., INDUSTRIAL
DEVELOPMENT AREA, PROJECT COLONY ROAD, AROOR -
688534, REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV PAUL JACOB (P)

¶8

RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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2 DIRECTOR OF INDUSTRIES AND COMMERCE DIRECTORATE OF INDUSTRIES & COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM 695033.

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3 GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, VALLAKINAR, ALAPPUZHA-688 001.

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4 TAHSILDAR, TALUK OFFICE, CHERTHALA, CHERTHALA PO, 688524

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SRI. E.G. GORDEN, SR. G.P.

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.07.2024, ALONG WITH WP(C).22919/2016,
22920/2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) No.24793/2015 & connected cases

¶16

: 2 :

¶17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶20

WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946

¶21

WP(C) NO. 22919 OF 2016

¶22

PETITIONER:

¶23

HIC ABF SPECIAL FOODS PVT. LTD.,
INDUSTRIAL DEVELOPMENT AREA, PROJECT COLONY
ROAD, AROOR - 688 534, REPRESENTED BY ITS
MANAGING DIRECTOR.
BY ADV SRI.PAUL JACOB P

¶24

RESPONDENTS:

¶25

1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶26

2 DIRECTOR OF INDUSTRIES AND COMMERCE DIRECTORATE OF INDUSTRIES & COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

¶27

3 DISTRICT COLLECTOR COLLECTORATE, ALAPPUZHA.

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4 TAHSILDAR, TALUK OFFICE, CHERTHALA, CHERTHALA P.O. - 688 524.

¶29

SRI. E.G. GORDEN, SR. G.P.

¶30

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.07.2024, ALONG WITH WP(C).24793/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

¶31

FOLLOWING:

¶32

WP(C) No.24793/2015 & connected cases

¶33

: 3 :

¶34

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶35

PRESENT

¶36

THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
WP(C) NO. 22920 OF 2016

¶37

PETITIONER:

¶38

HIC-ABF SPECIAL FOODS PVT.LTD.,
INDUSTRIEAL DEVELOPMENT AREA, PROJECT COLONY
ROAD, AROOR 688534, REPRESENTED BY ITS MANAGING
DIRECTOR
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.PAUL JACOB P
SRI.RONY JOSE
SRI.S.SREEDEV

¶39

RESPONDENTS:

¶40

1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

¶41

2 DIRECTOR OF INDUSTRIES AND COMMERCE DIRECTORATE OF INDUSTRIES & COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM 695033

¶42

3 DISTRICT COLLECTOR COLLECTORATE, ALAPPUZHA

¶43

4 TAHSILDAR, TALUK OFFICE, CHERTHALA, CHERTHALA PO, 688524 SRI. E.G. GORDEN, SR. G.P.

¶44

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.07.2024, ALONG WITH WP(C).24793/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶45

WP(C) No.24793/2015 & connected cases

¶46

: 4 :

¶47

JUDGMENT

¶48

The petitioner is a Company involved in the processing of export of sea foods. In order to carry out their business on their application, the lands were assigned within the industrial parks set up by the 2^nd respondent.

¶49

The grievance voiced in the writ petition is the issuance of the order by the Government whereby the directions issued to resume the land from the petitioner. There are other two writ petitions with respect to the adjacent lands owned by the petitioner.

¶50

For the purpose of ease and clarity, the documents produced along with WP(C) No.22920/2016 is referred in the judgment. With an object to encourage industrial growth in the State, industrial parks were created by the 2^nd respondent. The petitioner being an entrepreneur approached the 2^nd respondent for allotting the required land for accommodating their industry. Accordingly, by Ext.P1, three plots of lands administering 115 cents situating in the industrial area Project Colony Road, Aroor was

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WP(C) No.24793/2015 & connected cases

¶52

: 5 :

¶53

allotted to the petitioner. Accordingly, Ext.P1 ‘Patta’ was issued by the Government.

¶54

It is stated that originally the property was allotted to one Manikkoth Synthetic Fibres Ltd. as per G.O.(Ms) No.379/1970 dated 26.12.1970. After few years of functioning, the Company became defunct. The land which was allotted to the Company admeasuring to 20 cents was later taken over by another Company namely Sreeram Jute Mills Ltd. and the land was duly allotted to them as per G.O.(Rt.) No.605/81(1) dated 18.05.1981.

¶55

Later in order to realisation of the dues to the bank the Syndicate Bank has taken possession of the property and sold it in public auction which is conducted on 18.10.2005. On that date Sri. K.A. Abdul Kareem who purchased the property as per sales certificate issued by the Debt Recovery Tribunal which is marked as Ext.P3. Later, the said K.A. Abdul Kareem informed the Government that due to some financial constraints he is not in a position to continue the business.

¶56

In the meanwhile he entered into an undertaking with the petitioner to assume the liabilities and business run by him. Accordingly, he requested the Government to transfer the plot in

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WP(C) No.24793/2015 & connected cases : 6 :

¶58

favour of the petitioner. In tune with that, as per Ext.P4, the property was taken over by the petitioner. In that existing unit sea food processing unit was functioning. So it was convenient for the petitioner to take over the liabilities of K.A. Abdul Kareem.

¶59

It is also asserts that the said take over was done in accordance with the extant rule thereby the petitioner became the absolute owner and in possession of the properties covered under Ext.P2. Thereafter a decision is taken by the petitioner to subject the property back to the jurisdiction of the Government as industrial land. Accordingly, Ext.P5 application was submitted which was in due course forwarded to the 1^st respondent.

¶60

The transfer which was in support of the objectives of the department as well as it is quite convenient to the petitioner to expand their business and also increase the revenue of the State. However, by Ext.P11 order, the Government disposed the petitioner’s application on technical grounds whereby directed to resume the land back to the revenue department. Thereafter if the petitioner desires so he may file an application with all relevant and corroborating documents and it will be left open for the revenue administration to take appropriate action under existing rules, if

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WP(C) No.24793/2015 & connected cases : 7 :

¶62

such an application is made to assign the same back to the petitioner. This situation taken the petitioner to a position which was seven years back.

¶63

Even now the petitioners successfully operating the seafood processing unit in the land that has been permitted to be transferred as per Ext.P8. The unit is having 450 workers and having a turnover of 110 crores annually. If the orders issued by the Government as per Ext.P11 is implemented that will put to some adverse situation. In the meanwhile, the Government has come with new rules which is produced as Ext.P12 along with I.A. No.2/2024. Now the petitioner is limiting their prayer only for a reconsideration as per the new rules assigned in Ext.P12.

¶64

It is specifically averred that the allotments can be made as per Rule 4 of the present rule. In that respect it is further stated that the petitioner’s challenge against Ext.P11 is limited to the reconsideration of the same in the light of the present rule. In response to that the learned Government Pleader submitted that as per the extant rule the position was that once a land is allotted to the applicant that cannot be transferred by that particular applicant to another. It has to be revert back to the Government and the

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WP(C) No.24793/2015 & connected cases : 8 :

¶66

Government is the authority to transfer the same to the next applicant. But on considering the present position as per the present rule which is promulgated by the Government through G.O.P.No.309/2023 dated 11.12.2023, the assigned land under the present rules is heritable and alienable with prior permission in writing of the General Manager.

¶67

In such changed circumstances, I prefer to direct the Government to reconsider Ext.P11. In that respect, I set aside Ext.P11 and direct the Government to reconsider Ext.P5 application in the light of Ext.P12 rules within a time frame of three months from the date of receipt of a copy of this judgment. It is further clarified that in the event of any adverse orders are passed the petitioner shall be provided with a breathing time of one month.

¶68

The writ petitions are disposed of accordingly.

Sd/-

P.M. MANOJ JUDGE

ncd

WP(C) No.24793/2015 & connected cases

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: 9 :

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APPENDIX OF WP(C) 24793/2015

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE PATTA NUMBERED AS
19583 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P1(a)TRUE COPY OF THE PATTA NUMBERED AS 7737
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P2TRUE COPY OF THE PATTA NUMBERED AS 9709
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3TRUE COPY OF THE MOU DATED 03/03/2010
EXHIBIT P4TRUE COPY OF THE APPLICATION DATED
03/03/2010
EXHIBIT P5TRUE COPY OF THE APPLICATION DATED
15/03/2010
EXHIBIT P6TRUE COPY OF THE RULES DATED 06/01/2009
AND NUMBERED AS ID6-2222/08.
EXHIBIT P7TRUE COPY OF THE LETTER DATED
30/10/2010 AND NUMBERED AS D/10838/81
EXHIBIT P8TRUE COPY OF THE RECOMMENDATION DATED
02/02/2011 AND NUMBERED AS IDI/1592/10
EXHIBIT P9TRUE COPY OF THE LETTER DATED
31/01/2013ANDNUMBEREDAS
39202/A2/12/RD
EXHIBIT P10TRUE COPY OF THE REPORT DATED
13/05/2013
EXHIBIT P11TRUE COPY OF THE REPORT DATED
02/07/2013
EXHIBIT P12TRUE COPY OF THE LETTER DATED
29/04/2014 ISSUED BY THE DISTRICT
COLLECTOR
EXHIBIT P13TRUE COPY OF THE ORDER DATED 25/07/2015
AND NUMBERED AS G O(MS) NO.348/2015/RD.
Additional ExhibitTRUE COPY OF THE KERALA GOVERNMENT LAND
P14ALLOTMENT AND ASSIGNMENT FOR INDUSTRIAL
PURPOSES RULES 2023 ENACTED BY THE
GOVERNMENT OF KERALA VIDE G.O.(P) NO.
309/2023/RD.

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WP(C) No.24793/2015 & connected cases

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: 10 :

¶79

APPENDIX OF WP(C) 22919/2016

¶80

PETITIONER EXHIBITS

¶81

`EXHIBIT P1`	`TRUE COPY OF T` `19583 ISSUED BY T`	`HE PAT` `HE 4TH`	`TA NUMBERED AS` `RESPONDENT.`
`EXHIBIT P1(a)`	`TRUE COPY OF THE` `ISSUED BY THE 4TH`	`PATTA` `RESPO`	`NUMBERED AS 7737` `NDENT.`
`P2`	`TRUE COPY OF THE` `ISSUED BY THE` `M/S.JAYA METAL IN`	`PATTA` `4TH` `DUSTRI`	`NUMBERED AS 9560` `RESPONDENT TO` `ES.`
`P3`	`TRUE COPY OF THE`	`MOU DA`	`TED 11.06.2009.`
`P4`	`TRUE COPY OF` `17.06.2009.`	`THE`	`LETTER DATED`
`P5`	`TRUE COPY OF T` `11.06.2009.`	`HE AP`	`PLICATION DATED`
`P6`	`TRUE COPY OF` `06.01.2009 AND NU`	`THE` `MBERED`	`RULES DAWTED` `AS ID6-2222/08.`
`P7`	`TRUE COPY OF` `22.02.2012 AND NU`	`THE` `MBERED`	`LETTER DATED` `AS D/10838.81.`
`P8`	`TRUE COPY OF` `13.07.2013.`	`THE`	`LETTER DATED`
`P9`	`TRUE COPY OF` `26.04.2013.`	`THE`	`REPORT DATED`
`P10`	`TRUE COPY OF` `09.10.2015 IN WP(`	`THE` `C)NO.3`	`JUDGMENT DATED` `0762 OF 2015.`
`P11`	`TRUE COPY OF THE` `AND` `NUMBERED` `NO.2478/2016/RD.`	`ORDER`	`DATED 02.06.2016` `AS` `G.O(RT)`
`Additional Exhibit`	`TRUE COPY OF THE`	`KERALA`	`GOVERNMENT LAND`
`P12`	`ALLOTMENT AND ASS`	`IGNMEN`	`T FOR INDUSTRIAL`
	`PURPOSES RULES`	`2023`	`ENACTED BY THE`
	`GOVERNMENT OF KE` `309/2023/RD DATED`	`RALA V` `11.12`	`IDE G.O.(P) NO.` `.2023.`

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WP(C) No.24793/2015 & connected cases

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: 11 :

¶84

APPENDIX OF WP(C) 22920/2016

¶85

PETITIONER EXHIBITS

¶86

`P1`	`TRUE COPY` `19583 ISSU`	`OF THE PATTA NUMBERED AS` `ED BY THE 4TH RESPONDENT`
`P2`	`TRUE COPY` `ISSUED BY`	`OF THE PATTA NUMBERED AS 7737` `THE 4TH RESPONDENT`
`P3`	`TRUE COPY` `ISSUED BY`	`OF THE CERTIFICATE OF SALE` `DRT`
`P4`	`TRUE COPY`	`OF THE MOU DATED 20.01.2009`
`P5`	`TRUE COPY` `19.03.2009`	`OF THE APPLICATION DATED`
`P6`	`TRUE CO` `04.055.200`	`PY OF THE ORDER DATED` `9`
`P7`	`TRUE COPY`	`OF THE ORDER DATED 18.06.2009`
`P8`	`TRUE COPY` `AND NUMBER`	`OF THE RULES DATED 06.01.2009` `ED AS ID6-2222/08`
`P9`	`TRUE COP` `19.01.2011`	`Y OF THE REPORT DATED`
`P10`	`TRUE COP` `09.10.2015`	`Y OF THE JUDGEMENT DATED` `IN WPC.NO. 30718/2015`
`P11`	`TRUE COPY` `AND NUM` `2529/2016/`	`OF THE ORDER DATED 08.06.2016` `BERED AS GO (RT) NO.` `RD`
`Exhibit P12`	`TRUE COPY` `ALLOTMENT`	`OF THE KERALA GOVERNMENT LAND` `AND ASSIGNMENT FOR INDUSTRIAL`
	`PURPOSES`	`RULES 2023 ENACTED BY THE`
	`GOVERNMENT`	`OF KERALA VIDE G.O.(P) NO.`
	`309/2023/R`	`D DATED 11.12.2023.`

Hic-Abf Special Foods Pvt.Ltd v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hic-Abf Special Foods Pvt.Ltd v. State of Kerala

Case brief

What is this about?

What did the court decide?

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