Thrissur District SC/ST Small Scale Industries Merchants Association v. Director of Industries and Commerce and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **MONDAY ,THE 18TH DAY OF FEBRUARY 2019 / 29TH MAGHA, 1940** ## **WP(C).No. 4060 of 2019** ## **PETITIONER/S:** |**1**|**THRISSUR DISTRICT SC/ST SMALL SCALE**| |---|---| ||**INDUSTRIES MERCHANTS ASSOCIATION**| ||**REG.NO.601/1997, P.O.PULLUR, PIN-680683,**| ||**REPRESENTED BY ITS SECRETARY A.K. CHANDRAN.**| |**2**|**A.K. CHANDRAN,**| ||**ARAKKAL HOUSE, AMBALANADA,**| ||**PULLUR P.O, THRISSUR.**| ||**BY ADV. SRI.C.D.DILEEP**| ## **RESPONDENT/S:** |**1**|**THE DIRECTOR OF INDUSTRIES AND**| |---|---| ||**COMMERCE/INDUSTRIES DEVELOPMENT**| ||**COMMISSIONER/REGISTRAR OF INDUSTRIAL CO-**| ||**OPERATIVES, THIRUVANANTHAPURAM -695 001**| |**2**|**THE GENERAL MANAGER,**| ||**DISTRICT INDUSTRIES CENTRE,**| ||**AYYANTHOLE P.O,THRISSUR, PIN-680003.**| |**3**|**THRISSUR DISTRICT MINI INDUSTRIAL ESTATE,**| ||**CO-OP.SOCIETY LTD, NO.S.IND(R) 420,**| ||**OLARIKKARA, PULLAZHI P.O,**| ||**THRISSUR DISTRICT - 680012**| ||**REPRESENTED BY ITS SECRETARY.**| ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R1& R2** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ::2:: **WP(C).No. 4060 of 2019** ## **ALEXANDER THOMAS, J** . --------------------- W.P(C).No.4060 Of 2019 -----------------------Dated this the 18[th] day of February, 2019. **J U D G M E N T** **The prayers in the above Writ Petition** ## **(Civil) are as follows:** - _“I. To issue a writ of Mandamus or any appropriate order or direction directing the respondents to hand over the ownership of the shed by collecting reasonable consideration._ _II. To issue a writ of Mandamus or any appropriate order or direction directing the respondents not to collect rent from the members of 1[st] petitioner._ _III. Issue a writ of Mandamus directing the 1[st] respondent to consider and take decision in the Ext-P6 representation pending before them._ - _IV. Granting such other relief's as the petitioner may apply and the court may deem fit and proper to grant.”_ ## **2. Heard Sri.C.D.Dileep, learned counsel** **for the petitioners and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondents 1 & 2. In the nature of the orders that is proposed to be passed in this petition notice to the 3[rd] respondent will stand dispensed with.** ::3:: **WP(C).No. 4060 of 2019** **3. The petitioner is an Association of Small Scale Entrepreneurs and Merchants belonging to SC/ST communities. In view of the decision of this Court in** _**Maradu Market Traders' Association v. State of Kerala**_ **, reported in 2018 (3) 212, as the present Writ Petition is filed by the petitioner seeking relief on behalf of members, the Registry has noted defect and directed the petitioner to make available a list of the members to be produced and court fee has to be paid in respect of each of such individual members for whom individual relief is claimed. The Registry has now informed that pursuant to the defect noted by the Registry, the petitioner has produced the list of members.** **4. It is stated that the members of the association belongs to SC/ST community, who are industrial unit owners and members of the 3[rd] respondent-Industrial Co-operative Society functioning under the 2[nd] respondent-Industries** ::4:: **WP(C).No. 4060 of 2019** **Department. As per the registered bye-laws of the Society, it is working for the welfare of SC/ST entrepreneurs, who have started self employment business. That the industrial estate is started by the respondents utilising the public land including Government land and Panchayat land allotted for the welfare of members of the SC/ST and the construction is done by utilising Special Component Programme (SCP) Fund of the Government and after construction of the industrial sheds, the 2[nd] respondent-General Manager, DIC, Thrissur, allots the industrial sheds for SC/ST members after due notification process and that in the said allotment orders issued by respondents 1 & 2, there is no stipulation regarding the rent to be paid by the allottees. However, the 3[rd] respondent-Society is** **collecting rent from the members of the association. Further it is stated that the 3[rd] respondent-Society is also having general** ::5:: **WP(C).No. 4060 of 2019** **category members apart from the members belonging to SC/ST and some rooms were allotted to general members by executing sale deed, discriminating the petitioners and also collecting exorbitant rent from the petitioners. It is stated that the 2[nd] respondent-General Manager-DIC has issued Ext.P-4 letter No.B9/1470/05 dated 29.8.2006 to the 3[rd] respondent-Society as to under what authority rent has been collected from the members of the Society and whether the said amount has been duly remitted to the Governmental authorities, etc. In response to that Ext.P-5 reply dated 2.10.2016 has been given by the 3[rd] respondent admitting that the amounts have been utilised from the government fund, etc. Petitioners have now submitted Ext.P-6 representation dated 2.8.2018 before the 1[st] respondent-Director of Industries and Commerce for handing over ownership of the industrial sheds to SC/ST members after accepting reasonable** ::6:: **WP(C).No. 4060 of 2019** **consideration and to avoid collection of rent from SC/ST entrepreneurs. The complaint of the petitioners is that though Ext.P-6 representation has been submitted before the 1[st] respondentDirector of Industries and Commerice, seeking his intervention that the collection of rent is stopped and industrial plots are duly allotted to the members of the petitioner-Association after collecting requisite consideration thereof, etc. as early as on 2.8.2018, no effective action is forthcoming.** **4. Taking note of the facts and circumstances disclosed in this petition, it is ordered that the 1[st] respondent-Director, DIC. will immediately take up the request made by the petitioner in Ext.P-6 representation dated 2.8.2018 and will get a report on the matters therein from the 2[nd] respondent-General Manager, DIC, and a copy of the report of the 2[nd] respondent should also be furnished to the** ::7:: **WP(C).No. 4060 of 2019** **petitioners as well as the 3[rd] respondent in advance and thereafter the 1[st] respondent will grant a reasonable opportunity of being heard to the petitioners through their authorised representative, if any, and will take a considered decision on the matter, without much delay, preferably within a period of 2 months from the date of production of a certified copy of this judgment.** **With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.** Sd/- **ALEXANDER THOMAS, Judge.** bkn/- ::8:: **WP(C).No. 4060 of 2019** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE BYE-LAW OF THE 3RD RESPONDENT SOCIETY.** **EXHIBIT P2** **A TRUE COPY OF THE ALLOTMENT ORDER OF THE 2ND RESPONDENT DATED 18.6.2005.** **EXHIBIT P2 A A TRUE COPY OF THE ALLOTMENT ORDER OF THE 2ND RESPONDENT DATED 31.03.2005.** **EXHIBIT P3 A TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 20.12.2005.** **EXHIBIT P4 A TRUE COPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT 29.08.2016.** **EXHIBIT P5 A TRUE COPY OF REPLY OF THE 3RD RESPONDENT DATED 2.10.2006.** **EXHIBIT P6** **A TRUE COPY OF THE REPRESENTATION PENDING BEFORE THE 1ST RESPONDENT.**