S.T. Sadiq vs State Of Kerala & Ors

(3) On the making of a declaration under sub-section (1), the cashew factory to which the declaration relates, together with all machinery, other accessories and other movable properties as were immediately before the appointed day in the ownership, possession power or control of the occupier in relation to the factory and all books of accounts, registers and other documents relating thereto shall stand transferred to, and vest in, the Government."

2. Identical notices were sent between 1984 and 1986 to 10 cashew factories under Section 3 of the Acquisition Act, and the said factories were acquired under the Act pursuant to those notices. Similar notices stating identical grounds were sent to 36 other cashew factories in 1988 by which the said factories were also acquired under the said Act. A specimen notice is set out hereinbelow.

WHEREAS it has been brought to the notice of the Government that in respect of Cashew Factory No.AP.11 located in Eruva, Kayamkulam, in Karthikappally Taluk, Alapuzha District of which Smt. T. Suhara Beevi C/o Masaliar Industries, Kilikolloor, Kollam is the owner and M/s. Janso Exports (Private) Ltd., N.N.C., Estates Vadakkevila P.O., Kollam is the occupier (proposed) there exist grounds as detailed below warranting action under section 3(1) of the Kerala Cashew Factories (Acquisition) Act, 1974 notice is hereby given to all concerned of the intention of the Government to take action under the above said section of the Act. Interested persons are hereby directed to file their objections, if any, before the Government of Kerala against the proposed action within seven days of the receipt of this notice or the publication of this notice in the newspapers, whichever is earlier or if they no desire, appear before Shri N. Gopalan Nair, Additional Director of Industries and Commerce and special office for cashew societies at the District Industries Centre, Kollam at 11 a.m. on 23.9.1985 and state their objections. If no objections are received within the said period or no persons appears on the said date it will be presumed that there are no objections against the proposed action and further steps will be taken.

(iii) The petitioners shall pay the same salary and emoluments which were being paid by the State Government while the factories were with the State Government.

5. It appears that so far as the 36 cashew factories are concerned, the mandamus of this Court was followed by handing them back to their respective owners by 20.5.1994. However, the same was not done so far as the 10 cashew factories are concerned, which then filed contempt petitions which were disposed of on 12.7.1996 stating:

GROUNDS It has been reported by the Authorized officer that your factory is lying closed and that there is no possibility of its starting functioning within a period of ten days or in the immediate future. The Government are therefore, of opinion that the said situation will lead to large scale unemployment of the workers of the Cashew Factory.

13. Point 2.

14. The appeals are allowed. The judgment of the High Court is set aside and it is ordered that the cashew factories and the land appurtenant thereto that have been taken over by the State under the Amending Act must be handed back within a period of eight weeks from the date on which this judgment is pronounced.

February 04, 2015.

For Appellant(s) Mr. Krishnan Venugopal, Sr. Adv.

Mr. Deepak Prakash, Adv.

Mr. Biju P. Raman, Adv.

Mr. Subhash Chandran K.R. Adv., Ms. Shruti Srivastava, Adv.

Ms. Yogamaya M.G., Adv.

For M/s. T. T. K. Deepak & Co., Advs.

Hon'ble Mr. Justice Rohinton Fali Nariman pronounced the reportable judgment of the Bench comprising Hon'ble Mr. Justice Ranjan Gogoi and His Lordship.

The appeals are allowed. The judgment of the High Court is set aside and it is ordered that the cashew factories and the land appurtenant thereto that have been taken over by the State under the Amending Act must be handed back within a period of eight weeks from the date on which this judgment is pronounced in terms of the signed reportable judgment.

(Signed reportable judgment is placed on the file)