IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 23527 of 2003(A) -------------------------- PETITIONER(S): --------------- 1. ASMA RUBBER PRODUCTS PVT. LTD., COCHIN SPECIAL ECONOMIC ZONE, KAKKANAD, COCHIN - 30, REPRESENTED BY ITS MANAGING DIRECTOR, CYA RAHIM. 2. UNIVERSAL GLOVES PVT. LTD., DO. REPRESENTED BY M.D. SHRI K.V. GEORGE 3. PRIMUS GLOVES PVT. LTD. DO., REPRESENTED BY ITS MANAGING DIRECTOR, JEE PEREIRA. 4. MIDLAND LATEX PRODUCTS LIMITED, DO. REPRESENTED BY ITS GENERAL MANAGER GILBERT D' SOUZ 5. TABA GLOVES PVT. LTD. DO. DO. REPRRESENTED BY ITS MANAGING DIRECTOR BINU VALLAMATTOM BY ADV. SRI.MATHEWS J.NEDUMPARA RESPONDENT(S): --------------- 1. THE RUBBER BOARD, KOTTAYAM, REPRESENTED BY ITS CHAIRMAN 2. THE SECRETARY, MINISTRY OF COMMERCE & INDUSTRY, UDYOG BYAVAN, NEW DELHI - 110 001. ADDL.R3: TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. (ADDL. R3 IMPLEADED AS PER ORDER IN IA 11073/05 DT.12.8.05) SHRI MATHEWS K. UTHUPPACHAN FOR R1 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF NOTIFICATION DT.31.8.98 EXT.P2-TRUE COPY OF HAND BOOK EXT.P3-TRUE COPY OF NOTIFICATION DT.1.3.83 EXT.P4-TRUE EXTRACT OF REPRESENTATIONS ADDRERSSED TO VARIOUS DIGNITARIES. EXT.P5-TRUE COPY OF NOTIFICATION DT.7.1.2001 EXT.P6-TRUE COPY OF DEMAND NOTICE DATED 15.12.1999 EXT.P7-TRUE COPY OF JUDGMENT DT.6.1.2003 EXT.P8-TRUE COPY OF REPRESENTATION ADDRESSED TO R2 DATED 15.2.2003 EXT.P9-TRUE COPY OF JUDGMENT IN OP 6738/2003 EXT.P10- TRUE COPY OF ORDER DT.11.7.2003 EXT.P11-TRUE COPY OF DEMAND NOTICE DT.17.2.2005 EXT.P12- TRUE COPY OF REVENUE RECOVERY NOTICE DT.13.6.2005 EXT.P13-TRUE COPY OF REVENUE RECOVERY NOTICE DT.27.6.2005 EXT.P14-TRUE COPY OF REVENUE RECOVERY NOTICE DT.27.6.2005 EXT.P15-TRUE COPY OF COMMUNICATION DATED 13.5.2003 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.23527 of 2003-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2011. JUDGMENT The petitioners are the Industrial Units located at the Cochin Special Economic Zone, Kakkanad. The main prayer in the writ petition is for a direction to grant retrospective effect to the notification Ext.P5 and to quash Ext.P10 order passed by the second respondent, Additional Secretary to the Government of India, Ministry of Commerce and Industry. 2. Learned Standing Counsel for the Rubber Board submitted that Ext.P5 notification was under challenge before this Court in W.P.(C) No.592/2004 and the writ petition was allowed as per judgment dated 30.6.2009. The writ appeal filed against the same as W.A. No.1883/2009 has also been dismissed as per judgment dated 21.10.2010. The copies of the above judgments have been made available along with a statement as Exts.R1(a) and R1(b). The Division Bench, while affirming the judgment, held in para 18 that the notification is ab initio void. In the light of the above binding decisions of this Court, it is made wpc 23527/2003 2 clear that the same will go against the contentions of the petitioners. . Accordingly, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/