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2009 Supreme(SC) 479

ARIJIT PASAYAT
Kerala State Cashew Development Corporation – Appellant
Versus
Shahal Hassan Mussaliar – Respondent


Advocates appeared:
For the Appellant:T.L.V. Iyer, Uday Kr. Lalit, Sr. Advocates. M.K. Sreegesh, K.R. Sasiprabhu, R. Sathish, M.K.S. Menon, Deepak Prakash, Naijal Kumar, Usha Nandini, Biju P. Raman, Advocates. For the Respondents:Yashobanto Das, P. Krishnamoorthy, C.S. Rajan, Sr. Advocates, P. Vinay Kumar, R. Sathish, C.S. Rajani, M.T. George, A. Raghunath, Ramesh Babu M.R. Advocates.

Judgment :

Dr. Arijit Pasayat, J.

1. In all these appeals challenge is to the judgment of a Division Bench of the Kerala High Court in several writ appeals and original petitions.

2. The High Court referred to the factual position in Writ Appeal No.1835/97 which was directed against the judgment of learned Single Judge, dated 4th September, 1997 in O.P. No.16424/94. The High Court noted that the factual basis in all the cases is similar except the dates and the areas involved and the location of the factories.

3. Since the grounds of challenge raised by the appellant and the responses of the respondents are common, they are taken up together. The background facts are to be noted in brief:

4. The first respondent is the owner of a factory situated in an extent of 2.29 acres of land in Kotttarakkara Taluk of Kollam District. The factory comprises several buildings like godown, office, shelling and peeling sheds, grading shed etc. with necessary machineries and equipments installed therein for facilitating the work of the factory. This factory was being run by the first respondent, up to the year 1969. Sometime in the year 1969, first respondent who was managing the factory himself, de































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