IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 9618 of 2005(T) ------------------------- PETITIONER: ------------ PRIMA INDUSTRIES LTD. 31/536 PRIMA HOUSE, S. KALAMASSERY, COCHIN-682 033, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.C.K.KARUNAKARAN RESPONDENTS: ------------- 1. THE DEPUTY TAHSILDAR (R.R.) ERNAKULAM. 2. THE VILLAGE OFFICER, THRIKKAKARA VILLAGE. 3. THE KERALA STATE INDUSTRIES DEVELOPMENT CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 4. MR. SANJAY GUPTA, DOOR NO.41/3089, ST.VINCENT CROSS ROAD, ERNAKULAM. R1 & R2 BY G.P. SMT. SMITHA BY ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R3 SRI.RONY J.PALLATH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF PROMOTIONAL AGREEMENT BETWEEN THE 3RD AND FOURTH RESPONDENT. EXT.P2 TRUE COPY OF COMMUNICATION NO.F.3 (P-18)/BC/2004 DATED 31.1.2005 RECEIVED FROM BIFR EXT.P3 STRUE CPIES OF NOTICE NO. B11.11875/05 DATED 17.3.2005 ISSUED UNDER SECTION OF THE KERALA REVENUE RECOVERY ACT AND THAT UNDER NO.E7. 7/04-05/KSIDC DATED 17.3.2005 ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 9618 OF 2005 -------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT W.P. is filed on the apprehension that in the claim against fourth respondent, KSIDC will sell the property of the company. Counsel for KSIDC submitted that it is the fourth respondent who committed breach in repurchase of shares taken by KSIDC and therefore recovery will be confined to fourth respondent. W.P. is accordingly disposed of directing respondents 1 and 2 to proceed for recovery against personal property of the fourth respondent, recover the arrears and pay it to the KSIDC without delay. (C.N. RAMACHANDRAN NAIR) Judge kk 2