Kerala High Court
P.T. Praksh Babu vs Director Of Factories & Boilers on 19 December, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 20TH DAY OF SEPTEMBER 2016/29TH BHADRA, 1938
WP(C).No. 28903 of 2016 (K)
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PETITIONER:
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P.T. PRAKSH BABU,
AGED 54 YEARS, S/O. LATE SRI.P.O.THOMAS VAIDYAN,
BHARATH VYDHYASALA, RESIDING AT JAYABHARATHAM BUNGLOW,
ARAMPUNNA, ELAMPAL P.O.PUNALUR, KOLLAM DISTRICT-691 322.
BY ADVS.SRI.S.SREEKUMAR (SR.)
SRI.MANOJ RAMASWAMY
RESPONDENT(S):
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1. DIRECTOR OF FACTORIES & BOILERS,
DIRECTORATE OF FACTORIES & BOILERS,
GOVERNMENT OF KERALA,
KUMARAPURAM, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-695 011.
2. JOINT DIRECTOR OF FACTORIES & BOILERS,
O/O JOINT DIRECTOR OF FACTORIES & BOILERS,
ASRAMAM, KOLLAM, KERALA-691 001.
3. INSPECTOR OF FACTORIES & BOILERS,
GRADE-II, O/O INSPECTOR OF FACTORIES & BOILERS,
MINI CIVIL STATION, CHENGANNUR-689 121.
BY SENIOR GOVERNMENT PLEADER SRI T.K.ARAVIND KUMAR BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-09-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 28903 of 2016 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE JUDGMENT DATED 19.12.2008 IN OS
NO.243/1995 BEFORE THE HON'BLE SUB COURT,
KOTTARAKKARA.
EXHIBIT P2 COPY OF THE DECREE DATED 19.12.2008 IN OS NO.243 OF
1995 BEFORE THE HON'BLE SUB COURT, KOTTARAKKARA.
EXHIBIT P3 COPY OF THE DOCUMENT VIDE NO.216/2009 DATED 18.6.2009.
EXHIBIT P4 COPY OF THE L2 CERTIFICATE FOR MANUFACTURING OF
MEDICINAL AND TOILET PREPARATIONS CONTAINING ALCOHOL
ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM.
EXHIBIT P5 COPY OF THE WHOLE SALE LICENCE IN FORM SP-VI, FOR
POSSESSION AND SALE OF SPIRITUOUS PREPARATIONS.
EXHIBIT P6 COPY OF THE SP VII LICENCE FOR RETAIL SALE OF
SPIRITUOUS PREPARATIONS.
EXHIBIT P7 COPY OF THE REGISTRATION CERTIFICATE DATED 1.4.2012.
EXHIBIT P8 COPY OF THE CERTIFICATE OF REGISTRATION UNDER VALUE
ADDED TAX DATED 29.10.2012.
EXHIBIT P9 COPY OF THE CERTIFICATE OF IMPORTER-EXPORTER CODE
(IEC) DATED 30.5.2012 ISSUED BY THE MINISTRY OF
COMMERCE AND INDUSTRY.
EXHIBIT P10 COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY DRUGS
CONTROLLER (AYURVEDA) DATED 16.2.2016.
EXHIBIT P11 COPY OF THE LICENCE DATED 30.7.2010 ISSUED BY THE
DEPARTMENT OF FACTORIES AND BOILERS.
EXHIBIT P12 COPY OF THE APPLICATION FORM DATED 18.10.2010 ALONG
WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE
FOR THE RELEVANT YEAR.
EXHIBIT P13 COPY OF THE APPLICATION FORM DATED 19.10.2011 ALONG
WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE
FOR THE RELEVANT YEAR.
EXHIBIT P14 COPY OF THE APPLICATION FORM DATED 13.10.2012 ALONG
WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE
FOR THE RELEVANT YEAR.
EXHIBIT P15 COPY OF THE APPLICATION FORM DATED 23.10.2013 ALONG
WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE
FOR THE RELEVANT YEAR.
EXHIBIT P16 COPY OF THE APPLICATION FORM DATED 21.10.2014 ALONG
WITH THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE
FOR THE RELEVANT YEAR.
WPC NO 28903 OF 2016 :
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EXHIBIT P17 COPY OF THE LETTER NO.B1/7323/2015/LDIS DATED
26.8.2015 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P18 COPY OF THE LETTER NO.A.1351/14 DATED 21.10.2015
ISSUED BY THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.A.TO JUDGE
K.V.
SHAJI P. CHALY, J.
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W.P.(C) No.28903 of 2016
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Dated this the 20th day of September, 2016
JUDGMENT
Petitioner has filed this writ petition aggrieved by the non-renewal of license for the medicinal manufacturing unit by the third respondent, on the basis of a dispute regarding the ownership of the factory and its premises, pending before the civil court. Petitioner has submitted Exts.P12 to P16 applications seeking renewal of the license, which was declined as per Ext.P17 order passed by the third respondent dated 26.8.2015 holding that, since dispute between the partners of the unit is pending before the Sub Court, Kottarakkara in O.S.No.243/1995, the renewal application cannot be considered. Petitioner produced the judgment and decree passed by the Sub Court, Kottarakkara, evident from Exts.P1 and P2. Therefore, it can be seen that in the proceedings before the Sub Court, a judgment and decree is passed. In that view of the matter Ext.P17 order passed by the third respondent is not correct W.P.(C) No.28903 of 2016 2 and accordingly I set aside the same. Therefore, it is only just and necessary that applications for renewal of the license submitted by the petitioner is reconsidered, taking into account the judgment and decree passed by the Sub Court, Kottarakkara and pass a reasoned order on the basis of the same.
2. Therefore, there will be a direction to the third respondent to take on board Exts.P12 to P16 applications for renewal of license and consider the same, in accordance with law, taking into account Exts.P1 judgment and Ext.P2 decree passed by the Sub Court, Kottarakkara, after affording an opportunity of being heard to the petitioner, and take a decision on the same, within six weeks from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY,JUDGE dlk/20/9/