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2025 DAILYLAW 7458 (KER)

KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD. v. THE STATE OF KERALA

WP(C)/14991/2018 · 2025-03-28

Mohammed Nias C P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26801 WP(C) NO.14991 OF 2018 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 28th DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 14991 OF 2018 PETITIONER/S: KERALA STATE HANDLOOM WEAVERS' CO-OPERATIVE SOCIETY LTD., H.232 (HANTEX) P.B.NO.64, OOTTUKUZHI, THIRUVANANTHAPURAM-695001, REPRESENTED BY THE MANAGING DIRECTOR BY ADV SUMAN CHAKRAVARTHY RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001 2 THE DIRECTOR, HANDLOOM & TEXTILES, VIKAS BHAVAN, THIRUVANANTHAPURAM-695001 3 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695001. 4 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), O/O. DISTRICT TRANSPORT OFFICER, TRIVANDRUM CITY, THIRUVANANTHAPURAM-695001 2025:KER:26801 WP(C) NO.14991 OF 2018 2 5 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC) THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR-695001 BY ADVS. SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN. P.C.SASIDHARAN SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26801 WP(C) NO.14991 OF 2018 3 MOHAMMED NIAS C. P. , J. …………………………………………. W. P. (C) No. 14991 OF 2018 ………………………………………………. Dated this the 28th day of March, 2025 J U D G M E N T This writ petition is filed by the Kerala State Handloom Weavers' Co- operative Society Ltd. (HANTEX) to whom an extent of 10 cents of Government land in Sy No.659 of Vanchiyoor Village was given on lease in 1967 initially for a period of two years and which was later extended to 1996 through Ext.P1. 2. When steps were taken by the 1st respondent to evict the petitioner on the expiry of the lease, he preferred an application before the appropriate authority seeking an extension of the lease for a further period of 25 years. Contending that no orders have been passed in the application seeking extension of lease and that the 4th and 5th respondents, who claim that the subject property has been assigned to them, cannot evict them, the writ petition is filed to quash Exts.P8 and P10 notices and also to direct the 1st respondent to permit the petitioner to discharge the liabilities fixed in Ext.P8 in instalments. There is also a prayer not to evict the petitioner from the subject land. 2025:KER:26801 WP(C) NO.14991 OF 2018 4 3. The learned counsel appearing for respondents 4 and 5 submits that the subject land has been assigned to KSRTC through Ext.R4(a) patta and tax has been remitted as per Ext.R4(b) and R4(c), possession certificate was also issued to the 5th respondent. 4. This Court passed an order on 7th June 2024, finding that the petitioner is an Institution where the Government holds 99% of the share and that the contesting respondents 4 and 5 are also instrumentalities of the State, the Revenue Secretary was directed to mediate the disputes between them and to try for an amicable settlement. 5. The 1st respondent filed a statement on 06.03.2025 pointing out that an inter-departmental committee of Secretaries, chaired by the Chief Secretary, resolves the inter-departmental disputes. 6. In view of the above, I direct the 1st respondent to refer the above dispute to the Inter Departmental Committee of Secretaries chaired by the Chief Secretary. The Committee will issue notice to the petitioner and the 5th respondent and attempt a mediation for an amicable settlement. A decision shall be taken, as directed above, within three months from the date of receipt of a copy of this judgment. Till a decision is taken as directed above, the status quo as of today shall be maintained by all parties. 2025:KER:26801 WP(C) NO.14991 OF 2018 5 The writ petition is disposed of as above. SD/- MOHAMMED NIAS C.P., JUDGE JJ 2025:KER:26801 WP(C) NO.14991 OF 2018 6 APPENDIX OF WP(C) 14991/2018 RESPONDENT ANNEXURES Annexure R1(a) True copy of the Minutes of the mediation meeting chaired by the Principal Secretary (Revenue) on 18/07/2024 EXHIBIT R4(a) TRUE COPY OF THE PATTA ISSUED TO THE 4TH RESPONDENT EXHIBIT R4(b) TRUE COPY OF THE LAND TAX RECEIPT DATED 24.06.2017 ISSUED TO THE 5TH RESPONDENT. EXHIBIT R4(c) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19.09.2015 ISSUED TO THE 5TH RESPONDENT EXHIBIT R4(d) TRUE COPY OF THE LOCATION CERTIFICATE DATED 19.9.2015 ISSUED TO THE 5TH RESPONDENT EXHIBIT R4(e) TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 27.1.2015 ISSUED TO THE 5TH RESPONDENT EXHIBIT R4(f) TRUE COPY OF THE MINUTES OF THE MEETING DATED 09.05.2018 Exhibit-R4(g) TRUE COPY OF THE JUDGMENT DATED 17.08.2023 IN V.VIJAYAKUMAR AND ORS. VS. STATE OF KERALA AND ORS IN W.P.(C) NO. 20656 OF 2023 OF THIS HON’BLE COURT. PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE VIDE G.O. (MS)NO.132/74/RD DATED 19-01-1974. EXHIBIT P2 TRUE PHOTOCOPY OF THE APPLICATION DATED 25- 03-1997. 2025:KER:26801 WP(C) NO.14991 OF 2018 7 EXHIBIT P3 TRUE PHOTOCOPY OF THE DEMAND NOTICE DATED 28-10-2004. EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER DATED 24-02- 2005. EXHIBIT P5 TRUE PHOTOCOPY OF THE LETTER DATED 13-09- 2004 ISSUED BY THE DEPUTY MANAGER TO THE MANAGING DIRECTOR OF THE PETITIONER SOCIETY. EXHIBIT P6 TRUE PHOTOCOPY OF THE NOTICE BEARING NO.2130/95 DATED 24-10-2014. EXHIBIT P7 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 28-11-2014. EXHIBIT P8 TRUE PHOTOCOPY OF THE NOTICE DATED 07-04- 2017. EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER DATED 11-05- 2017. EXHIBIT P9(A) TRUE PHOTOCOPY OF THE REPRESENTATION BEARING NO.M4/049/H.O HANTED/2017 DATED 06-12-2017. EXHIBIT P10 TRUE PHOTOCOPY OF THE NOTICE BEARING NO.GL1/4773/16/CY DATED 18-04-2018.