IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 35924 of 2007(B) -------------------------------------- PETITIONER: ------------------- C.RAJAN MENON MANAGING DIRECTOR, M/S. TRICOTT MILS LTD, NATTIKA, TRICHUR 680 566, NOW RESIDING AT SOLARIS II, 401, 4TH FLOOR, 46-48 SAKI VIHAR ROAD, POWAI, MUMBAI. BY ADV. SRI.M.P.ASHOK KUMAR. RESPONDENTS: ------------------------ 1. THE DEPUTY TAHSILDAR REVENUE RECOVERY, CHAVAKKAD, THRISSUR DISTRICT. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VIDYUTH BHAVAN, TRIVANDRUM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, IRINJALAKKUDA CIRCLE, THRISSUR DISTRICT. 4. THE SPECIAL OFFICER, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, TRIVANDRUM. BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA, ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2008,ALONG WITH W.P.(C). NO. 37411/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35924/2007-B: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER OF THE BIFR DTD. 14/09/2000. EXT.P.2: COPY OF THE REVENUE RECOVERY NOTICE. EXT.P.3: COPY OF THE RECEIPT DTD. 01/07/1996. EXT.P.4: COPY OF THE RECEIPT DTD. 03/08/1996. EXT.P.5: COPY OF THE RECEIPT DTD. 17/09/1996. EXT.P.6: COPY OF THE RECEIPT DTD. 21/04/1998. EXT.P.7: COPY OF THE RECEIPT DTD. 04/12/1998. EXT.P.8: COPY OF THE RECEIPT DTD. 15/01/99. EXT.P.9: COPY OF THE RECEIPT DTD. 04/09/1999. EXT.P.10: COPY OF THE RECEIPT DTD. 05/11/1999. EXT.P.11: COPY OF THE RECEIPT DTD. 08/12/1999. EXT.P.12: COPY OF THE RECEIPT DTD. 13/01/2000. EXT.P.13: COPY OF THE RECEIPT DTD. 31/01/2000. EXT.P.14: COPY OF THE RECEIPT DTD. 10/03/2000. EXT.P.15: COPY OF THE JUDGMENT IN W.P.(C). 1149/06 DTD. 25/07/2006. EXT.P.16: COPY OF THE REVENUE RECOVERY NOTICE DTD. 23/10/2007. EXT.P.17: COPY OF THE ORDER-DTD.28/11/2000 ISSUED BY THE BIFR. RESPONDENT'S EXHIBITS: EXT.R1.A: COPY OF THE ORDER OF BIRF DTD. 28/11/2000. EXT.R1.B: COPY OF THE DISMANTLING NOTICE. //TRUE COPY// prv. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NOs. 35924 & 37411 OF 2007 -------------------------------------------- Dated this the 19th day of December, 2007 O R D E R Since petitioners in both the Writ Petitions have stated that there is a proposal for taking over the petitioner-unit (in WPC 37411/2007) by non-resident Indians and counsel for KSIDC also stated that non- resident Indians are negotiating with them for taking over, I feel stay can be granted against sale of properties but in view of the liabilities of above Rs. 16 crores due to State towards tax arrears, on condition that petitioners will hand over possession to the second respondent. I make it clear that KSIDC shall not enter into any arrangement with petitioners and any purchaser without arranging for settlement of arrears due to the State and it's agencies, including KSEB, and to ensure the same no settlement should be reached without the involvement of District Collector, Trichur, or his representative. Petitioners will continue to retain security staff for protection of unit. There will be stay against sale of petitioners' unit for month. If there is no progress in negotiation with non-resident Indians or settlement of 2 liability otherwise, second respondent will be free to sell the properties after one month. Hand over copy of this order to counsel on both sides. (C.N. RAMACHANDRAN NAIR) Judge 3