IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17348 of 2008(S) ---------------------------------------------- PETITIONER: ----------------- SHAJI JOSEPH, AGED 42 YEARS, S/O JOSEPH, LAXMIMADOM, SREEKALA ROAD, COCHIN -28 BY ADV. SRI.P.K.SHAJU RESPONDENTS: ----------------------- 1. T.BALAKRISHNAN, PRINCIPAL SECRETARY TO GOVERNMENT INDUSTRIES (G) DEPARTMENT, THIRUVANANTHAPURAM. 2. S.MOHAN, DEPUTY SECRETARY, INDUSTRIES (G) DEPARTMENT, THIRUVANANTHAPURAM. 3. AUGUSTINE, WORKS MANAGER, TRAVANCORE RAYONS (LTD.,), RAYONPURAM, PERUMBAVOOR 4. D.B.RAM MOHAN, DIRECTOR, THE TRAVANCORE RAYONS LTD., RAYONPURAM, PERUMBAVOOR. 5. VIJAYA MOHANAN, NOMINEE DIRECTOR, GOVERNMENT OF KERALA, THE TRVANCORE RAYONS LTD., RAYONPURAM, PERUMBAVOOR. WPC NO.17348/2008 -2- 6. G.JAYAPRAKASH, MANAGING DIRECTOR, GOVERNMENT OF KERALA, THE TRAVANCORE RAYONS LTD., RAYONPURAM, PERUMBAVOOR. 7. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY. R7 BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------------------ W.P.(C) No.17348 of 2008-S ------------------------------------------------------- Dated, this the 11th day of June, 2008 JUDGMENT H.L.Dattu, C.J. A public spirited citizen is before us in this writ petition filed under Article 226 of the Constitution to direct respondents 1 to 6 not to sell any movable or immovable properties from the Travancore Rayons Company Ltd., Perumbavoor. Admittedly, the Travancore Rayons Company Ltd was before the Board of Industrial & Financial Reconstruction (“BIFR” for short) and the BIFR has passed orders and thereafter has referred the matter to the Company Court to implement the orders made therein. Accordingly, this Court has registered Company Petition No.14/2002. If for any reason, the petitioner is of the view that during the pendency of the company petition, the respondents are trying to sell the movable and immovable properties of the sick Industrial Unit (Travancore Rayons Company Ltd., Perumbavoor), he has liberty to make appropriate application before the Company Court for appropriate reliefs. In that view of the matter, we decline to entertain this writ petition. Accordingly, the writ petition requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS