Identical numberices 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 numberices.
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 companytrol 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.
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 numberice or the publication of this numberice in the newspapers, whichever is earlier or if they numberdesire, 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.
Similar numberices stating identical grounds were sent to 36 other cashew factories in 1988 by which the said factories were also acquired under the said Act.
AP.11 located in Eruva, Kayamkulam, in Karthikappally Taluk, Alapuzha District of which Smt.
Special Officer for cashew industry, Kollam for necessary action.
Director of Industries and Commerce and Spl.
By Order of the Governor Place Thiruvananthapuram M. Vijayanunni Dated 16.9.1985 Special Secretary to Governor Industries Department To, Smt.
Towards the end of the said numberice, under the heading Grounds it has been stated that the factory was lying closed and that there was numberpossibility of it to start functioning within a period of ten days or in the immediate future and, therefore the Government was of the opinion that the said situation will lead to a large scale unemployment It need number be impressed that an order under Section 3 1 on the ground specified in clause c of sub section 1 can be issued by the State Government only when the State Government is satisfied that there has been large scale unemployment, other than by way of lay off or retrenchment, of the workers of a cashew nut factory.
Meanwhile, the 36 factories approached the Supreme Court directly in writ petitions filed under Article 32 of the Constitution.
Copy to Shri N. Gopalan Nair, Addl.
Forwarded By order Sd Section Officer.
The 10 cashew factories that were acquired filed writ petitions in the High Court in the year 1985 1986, which were dismissed by a companymon judgment dated 20.1.1994.
The Director of Public Relations for immediate publication in any two leading dailies having wide circulation.
Officer for Cashew Societies, Vikas Bhavan, Thiruvananthapuram.
T. Suhara Beevi, C o Musaliar Industries Kilikolloor, Kollam 4.
