KOCHI: The Kerala High Court has dismissed a petition challenging the Kerala Industrial Infrastructure Development Corporation’s (Kinfra) order terminating a deed leasing out 40 acres of land in Thrikkakara North village to Zoom Developers Pvt Ltd for developing an International Exhibition and Trade Centre.
Justice Anu Sivaraman issued the order on the petition filed by Zoom Developers and two others seeking permission to proceed with the development of the project.
Kinfra issued the order stating the company had violated the terms and conditions of the lease deed and abandoned the work which had led to issuing a show cause notice for termination of the lease. Despite extending the contract, the company failed to execute the work.
The state informed the second petitioner was not a party to the lease deed and tripartite agreement. Hence, the second petitioner has no locus standi. The first petitioner is under liquidation and could not have filed the writ petition in its own capacity suppressing the order of appointment of the official liquidator by the High Court of Madhya Pradesh, Indore Bench. The company is winding up and had defrauded public sector banks of several crores of rupees by indulging in corrupt practices and the present petition was only an extension of its illegal activities.
The court noted the pendency of the winding up proceedings was not brought to the notice of the state government. And there was no material to connect the second petitioner to the transaction. Hence, the petition was not maintainable and liable to be dismissed.