Kerala High Court
Mango Meadows Agricultural Pleasure ... vs Union Of India on 15 March, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.7444/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 15th day of March 2022 / 24th Phalguna, 1943
WP(C) NO. 7444 OF 2022(E)
PETITIONER:
MANGO MEADOWS AGRICULTURAL PLEASURE LAND (PVT. LTD.) A COMPANY
INCORPORATED UNDER THE PROVISIONS OF INDIAN COMPANIES ACT,2013,
HAVING ITS REGISTERED OFFICE AT BUILDING N.XV/175A, MANGO MEADOWS,
AYAMKUDY P.O., KADATHURUTHI, KOTTAYAM-686 613, REPRESENTED BY ITS
MANAGING DIRECTOR N.K.KURIAN
RESPONDENTS:
1. UNION OF INDIA, MINISTRY OF ENVIRONMENT & FOREST, 2ND FLOOR, AGNI
BLOCK, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110 003
REPRESENTED BY ITS SECRETARY.
2. STATE OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001,
REPRESENTED BY CHIEF SECRETARY
3. KERALA STATE BIO-DIVERSITY BOARD, BELHAVEN E ST, BELHAVEN GARDENS,
NANTHANCODU, THIRUVANANTHAPURAM-695 003, REPRESENTED BY ITS CHAIRMAN
4. M.G UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYM-686 560,
REPRESENTED BY ITS REGISTRAR
5. KERALA FORESTS AND WILDLIFE DEPARTMENT, HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014 REPRESENTED BY THE SECRETARY
6. KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695
033, REPRESENTED BY CHAIRMAN/MANAGING DIRECTOR
7. DEPARTMENT OF FINANCE, FIRST FLOOR, MAIN BLOCK, GOVERNMENT
SECRETARIAT, THIRUVANANTAPURAM-695 001, REPRESENTED BY THE SECRETARY
8. KADUTHURUTHY GRAMAPANCHAYATH, KADUTHURUTHY , KADUTHURUTHY P.O.,
KOTTAYAM-686 604, REPRESENTED BY ITS SECRETARY
9. KOSAMANTTAM FIANANCE LTD, (NON-BANKING FINANCING COMPANY),
KOSAMATTAM MATHEW K. CHERIAN BUILDINGS, MARKET JUNCTION,
KOTTAYAM-686 001, REPRESENTED BY ITS MANAGING DIRECTOR
10. NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH, COMPANY LAW BHAWAN, BMC
ROAD, THRIKKAKARA P.S., KAKKANAD, KOCHI-682 021, REPRESENTED BY THE
OFFICE MANAGER
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings under Exhibit P7 pending before
the 10th respondent till the disposal of the above writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. GEORGE POONTHOTTAM SENIOR ADVOCATE along with M/S. NISHA GEORGE &
JOMON.K.CHACKO Advocates for the petitioner, ASSISTANT SOLICITOR GENERAL
OF INDIA for the respondent 1, GOVERNMENT PLEADER for the respondents 2, 5
& 7 and of STANDING COUNSEL for the respondents 4, 6 & 8, the court
WP(C) No.7444/2022 2/3
passed the following:
ORDER
Admit.
Assistant Solicitor General of India takes notice for the 1st respondent. Government Pleader takes notice for respondents 2, 5 and 7. Standing Counsel takes notice for respondents 4,6 and 8. Issue urgent notice by speed post to respondents 3,9 and 10.
Learned counel for the petitioner submitted that pursuant to the legislative Assembly Minutes recorded in Ext.P10, made in the presence of the Chief Minister, the matter is to be discussed and decided in consultation with the 6th respondent- Kerala Financial Corporation. In the meanwhile if an interim resolution professional is appointed, the petitioner will be put to irreparable loss and injury.
In the circumstances, there will be an interim order staying all further proceedings pursuant to Ext.P7, for a period of one month.
Sd/- N.NAGARESH, JUDGE 15-03-2022 /True Copy/ Assistant Registrar WP(C) No.7444/2022 3/3 APPENDIX OF WP(C) 7444/2022 Exhibit P7 TRUE COPY OF THE COMPANY APPLICATION FILED BY THE 9TH RESPONDENT BEFORE THE NATIONAL COMPANY LAW TRIBUNAL WITH ANNEXURES DATED 23.12.2021 Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE RECORDS OF LEGISLATIVE ASSEMBLY DATED 02.08.2021