Sreelakshmi Cashew Company vs State Of Kerala - Represented By
Ext.P4 order purportedly passed under Section 3(1)(c) of
the Kerala Cashew Factories (Acquisition) Act, 1974 (the 'Act'
for short) is under challenge. The management of this cashew
factory had earlier been attempted to be taken over under the
provisions of the Kerala Cashew Factories (Requisitioning)
Act, 1979. This was challenged by the predecessor-in-interest
of the petitioner in a writ petition leading to Ext.P41
judgment. Ext.P41 judgment was affirmed in Kerala State
Cashew Development Corporation Vs. Shahal Hassan
Musaliar [2002 (1) KLT 72]. The Kerala State Cashew
Development Corporation (KSCDC for short) preferred a
Special Leave Petition to the Supreme Court. The Supreme
Court granted Special Leave and the Civil Appeal was
eventually disposed of by Ext.P2 judgment dated 16.03.2009.
The KSCDC had handed over the cashew factory to the
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predecessor-in-interest of the petitioner during the pendency
of the civil appeal on 01.04.2002. The civil appeal was
eventually disposed of by Ext.P2 judgment dated 16.03.2009
reported in 2009(2) KLT 95.