High Court of KeralaWP(C)/25719/2015disposed of

Gandhigram Agro Based Industrial v. State Of Kerala

2015-09-18Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 25719 of 2015 (L) ------------------------------------------ PETITIONER : - ---------------------- GANDHIGRAM AGRO BASED INDUSTRIAL CO-OPERATIVE SOCIETY LTD. S.IND(K) 191, (GAICO LTD), KURAVILANGAD P.O., KOTTAYAM 686 633 REPRESENTED BY ITS SECRTARY, GEORGE MANY VELLAYIPARAMBIL, S/O. V.M MANI , AGED 53 YEARS, VELLAYIPARAMBIL, KURAVILANGAD, KOTTAYAM 686 633.

BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.C.LEENA RESPONDENTS : - ---------------------------

1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPRUAM 695 001.

2. THE DEPUTY DIRECTOR OF INDUSTRIES, GOVERNMENT OF KERALA, THIRUVANANTHAPRUAM 695 001.

3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM 686 002. BY GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25719 of 2015 (L) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE DECISION NO 8 OF GENERAL BODY HELD ON 08-03-2014.

EXHIBIT P2 : TRUE COPY OF THE RESOLUTION NO 5 DATED 27-06-2014 OF THE DIRECTOR BOARD AND ITS TRANSLATION.

EXHIBIT P3 : TRUE COPY OF THE INTIMATION DATED 16-07-2014. EXHIBIT P4 : TRUE COPY OF THE INTIMATION DATED 06-08-2014. EXHIBIT P5 : TRUE COPY OF THE DIRECTION DATED 14-08-2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 : TRUE COPY OF THE INTIMATION DATED 19-08-2014. EXHIBIT P7 : TRUE COPY OF THE EXPLANATION DATED 19-08-2014 SUBMITTED BY THE PETITIONER SOCIETY.

EXHIBIT P8 : TRUE COPY OF THE COMMUNICATION DATED 25-11-2014. EXHIBIT P9 : TRUE COPY OF THE INTIMATION DATED 07-01-2015. RESPONDENTS' EXHIBITS : - NIL.

--------------------------------------- // TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 25719 of 2015 ---------------------------------------- Dated this the 18th day of September, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. The petitioner, an agro based Industrial Co-operative Society established in 1989, sought through Exhibit P2 resolution the permission of the third respondent to sell the Society's property described in the said representation. Seeking expeditious consideration of Exhibit P2 by the third respondent, the petitioner has filed the present writ petition.

3. In response to the submissions made by the learned counsel for the petitioner, the learned Government Pleader, on instructions, has submitted that the third respondent does not have any objection to consider Exhibit P2 at the earliest. In the facts and circumstances, having regard to the respective submissions of the learned counsel for the

W.P.(c) No. 25719 of 2015 petitioner and the learned Government Pleader for the respondents, this Court, without expressing any opinion on the merits of the matter, disposes of the present writ petition with a direction to the third respondent to consider Exhibit P2 resolution of the petitioner in accordance with law, and pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

DAMA SESHADRI NAIDU JUDGE DMR/-