Disposed

Shabeer C S v. State of Kerala

Kerala HC5 Mar 2024WP(C)/35652/2022

Case brief

AI extract

What is this about?

Writ petitions challenged conditions imposed for transfer of industrial plots demanding difference in land value. Government clarified only a Rs.25,000/- processing fee is payable per amended Rules. Court set aside the land-value conditions/demands, directed reconsideration of the transfer requests within two months, and directed decision on the ESS claim.

What the court decided

AI extract

Shabeer C S Vs State of Kerala — Land Acquisition | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
WP(C) NO. 35620 OF 2022

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PETITIONER:

¶6

SHABEER C S
AGED 31 YEARS
S/O SHERIEF, CRESCENT VILLA, CHENGALAM VILLAGE,
KUNNANAM.P.O., KOTTAYAM DISTRICT, PIN : 686035,
PROPRIETOR, M/S CRYSTAL FLOORING SOLUTIONS, DEVELOPMENT
PLOT, POOVANTHURUTH.P.O., KOTTAYAM DISTRICT, PIN -
686012.
BY ADV K.M.VARGHESE

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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2 THE DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN -695033.

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3 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM DISTRICT, PIN - 696002.

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BY SPL.GP. - P. SANTHOSH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2024, ALONG WITH WP(C).35652/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) Nos. 35620 & 35652 of 2022 : 2 :

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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 VIJU ABRAHAM

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TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
WP(C) NO. 35652 OF 2022

¶18

PETITIONER:

¶19

SHABEER C S
AGED 31 YEARS

¶20

S/O SHERIEF, CRESCENT VILLA, CHENGALAM VILLAGE,
KUNNANAM.P.O., KOTTAYAM DISTRICT, PIN : 686035,
PROPRIETOR, M/S CRESCENT POLYMERS, DEVELOPMENT PLOT,
POOVANTHURUTH.P.O., KOTTAYAM DISTRICT, PIN - 686012.
BY ADV K.M.VARGHESE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRY, SECRETARIAT, THIRUVANANTHAPURAM, PIN : 695001.

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2 THE DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN : 695033.

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3 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM DISTRICT, PIN : 696002. BY SPL.GP. - P. SANTHOSH KUMAR

¶25

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.03.2024, ALONG WITH WP(C).35620/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos. 35620 & 35652 of 2022 : 3 :

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VIJU ABRAHAM , J.

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=========================== WP(C) Nos. 35620 & 35652 of 2022 ============================ Dated this the 5^th day of March, 2024

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J U D G M E N T

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Both the writ petitions are challenging the conditions imposed for transfer of industrial plot whereby a condition has been imposed that the difference in land value has to be remitted by the petitioner herein. The said condition is imposed in Ext.P5 and a demand for land value is made as per Ext.P6 in WP(C) No.35620/2022, whereas in WP(C) No.35652/2022 the condition is imposed in Ext.P7 order and the demand is made as per Ext.P8.

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The learned Special Government Pleader upon instructions submitted that such demands were made as per the Rules existing as on that date. But the Rules have been subsequently amended as per G.O.P. No.309/2023 dated 11.12.2023 in supersession of all the earlier orders, and relying on clause 30(4) of the Rules the learned Special Government Pleader would submit that in case of transfer of land the transferee shall pay an amount of Rs.25,000/- alone as processing fee and there is no requirement for payment of any difference in land value. The learned Special Government Pleader would further submit that a clarification has been issued bearing number DIC/13511/2018.ID1 dated 17.01.2024

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WP(C) Nos. 35620 & 35652 of 2022 : 4 :

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whereby it is clarified that, in case of transfer of land there will be no other payment towards difference in land value on account of any application submitted by the allottee/assignee and the request of the petitioner will be considered on remittance of Rs.15,000/towards processing fee.

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The learned Counsel for the petitioner would submit that they are ready to remit the said amount of Rs.25,000/- as processing fee. Petitioner has also a claim for subsidy under the Entrepreneur Support Scheme and this Court as per order dated 13.01.2023 in WP(C) No.35652/2022 issued an interim order directing the 3^rd respondent to consider and pass orders on Ext.P10 request made in this regard. The learned Special Government Pleader would submit that the claim was considered in the meeting held on 13.02.2023 and no further decision was taken in view of the pendency of these writ petitions and that appropriate decision in this regard will be taken without any delay.

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In view of the above, condition No.2 in Ext.P7 and also Ext.P8 demand notice in WP(C) No.35652/2022 and clause No.2 in Ext.P5 and also Ext.P6 demand notice in WP(C) No.35620/2022 are set aside. There will be a further direction to the 3^rd respondent to reconsider the request of the petitioner for transfer of land in both the writ petitions and finalise the proceedings within an outer limit of two months from the date of receipt of a copy of this judgment. As

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WP(C) Nos. 35620 & 35652 of 2022 : 5 :

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regards the claim for ESS raised in Ext.P10, the same shall be decided in the next meeting of District Level Committee on ESS.

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With the above said direction, the writ petitions are disposed

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of.

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Sd/-

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VIJU ABRAHAM JUDGE

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sbk/-

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WP(C) Nos. 35620 & 35652 of 2022 : 6 :

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APPENDIX OF WP(C) 35652/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT INDUSTRIES CENTRE, KOTTAYAM DATED
3.3.1997.
Exhibit P2TRUE COPY OF AGREEMENT DATED 28.4.1997
EXECUTED BY M/S. ORION RUBBER EXTRUSIONS
PRIVATE LIMITED.

¶46

Exhibit P3TRUE COPY OF CERTIFICATE DATED 5.7.1997
ISSUED BY RESPONDENT NO.3.

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Exhibit P4TRUE COPY OF THE APPLICATION DATED
22.12.2014 SUBMITTED BY ORION RUBBER
EXTRUSIONS.
Exhibit P5TRUE COPY OF THE APPLICATION DATED
11.8.2021 SUBMITTED TO THE RESPONDENT
NO.3.

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Exhibit P6TRUE COPY OF THE REQUEST DATED 4.9.2021
SUBMITTED BY THE PETITIONER.
Exhibit P7TRUE COPY OF THE PROCEEDINGS DATED
14.2.2022 ISSUED BY THE RESPONDENT NO.3.
Exhibit P8TRUE COPY OF THE LETTER DATED 27.4.2022
ISSUED BY THE RESPONDENT NO.3.

¶49

Exhibit P9TRUE COPY OF THE JUDGMENT DATED 6.12.2018
IN W.P.(C) NO.39673/2018.

¶50

Exhibit P10TRUE COPY OF THE APPLICATION FOR
ASSISTANCE UNDER ENTREPRENEUR SUPPORT
SCHEME DATED 19.4.2022 SUBMITTED BY THE
PETITIONER
Exhibit P11TRUE COPY OF THE ORDER DATED 13.01.2023 IN
I.A. NO.1 OF 2023 IN W.P.(C) NO.35652/2023
OF THE HON'BLE HIGH COURT OF KERALA

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Exhibit P12TRUE COPY OF THE LETTER NO.I/336452/2023
DATED 16.03.2023 ISSUED BY RESPONDENT NO.3
TO THE PETITIONER

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Exhibit P13TRUE COPY OF THE ORDER DATED 23.02.2023 IN
I.A. NO.1 OF 2023 IN W.P.(C) NO.35620/2022
OF THE HON'BLE HIGH COURT OF KERALA

¶53

WP(C) Nos. 35620 & 35652 of 2022 : 7 :

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APPENDIX OF WP(C) 35620/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PROCEEDINGS DATED
12.7.2018 OF THE 3RD RESPONDENT.

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Exhibit P2TRUE COPY OF AGREEMENT DATED 24.7.2018
EXECUTED BY K.P. GROUP INDUSTRIES.

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Exhibit P3RUE COPY OF PROCEEDINGS DATED 25.7.2018 OF
RESPONDENT NO.3.

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Exhibit P4TRUE COPY OF THE APPLICATION DATED
22.11.2021SUBMITTEDTOTHE3RD
RESPONDENT.

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Exhibit P5TRUE COPY OF THE PROCEEDINGS DATED
14.2.2022 ISSUED BY THE 3RD RESPONDENT.
Exhibit P6TRUE COPY OF THE LETTER DATED 22.4.2022
ISSUED BY THE 3RD RESPONDENT. -
Exhibit P7TRUE COPY OF THE JUDGMENT DATED 6.12.2018
IN W.P.(C) NO.39673/2018.
Exhibit P8TRUE COPY OF THE APPLICATION DATED
5.7.2022 SUBMITTED BY THE PETITIONER TO
THE RESPONDENT NO.3
Exhibit P9TRUE COPY OF THE LETTER DATED 24.11.2022
ISSUED BY THE RESPONDENT NO.3 TO THE
PETITIONER
Exhibit P10TRUE COPY OF THE REPRESENTATION DATED
1.2.2023 SUBMITTED BY THE PETITIONER AND
RECEIVED BY THE 3RD RESPONDENT ON 3.2.2023
Exhibit P11TRUE COPY OF THE ORDER DATED 23.2.2023 IN
I.A. NO.1 OF 2023 IN W.P.(C) NO.35620/2022
OF THE HON'BLE HIGH COURT OF KERALA
Exhibit P12TRUE COPY OF THE APPLICATION UNDER
ENTREPRENEURSUPPORTSCHEMEDATED
23.01.2023 SUBMITTED BY THE PETITIONER
Exhibit P13TRUE COPY OF THE REPRESENTATION DATED
31.10.2023 SUBMITTED BY THE PETITIONER TO
RESPONDENT NO.3

Shabeer C S v. State of Kerala

Case brief

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Shabeer C S v. State of Kerala

Case brief

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