IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE4H DAY OF SEPTEMBER201313TH BHADRA, 1935 WP(C).No. 17536 of 2013 (N) ---------------------------- PETITIONER(S): -------------- 1. ABDUL KAREEM M.A., PROPRIETOR OF MADAVANA INDUSTRIES, S/O.ABDUL KHADER MADAVANAPARAMBIL HOUSE, ELOOKARA, MUPPATHADOM P.O. ALUVA10-683 110 2. SHANAVAS K.M., PROPRIETOR OF ROYAL INDUSTRIES, KUNNAMPURATHU HOUSE THAIKKATTU KARA, ALUVA - 683 106.
3. GEORGE V.T., PROPRIETOR OF SPARK BRICKS INDUSTRIES S/O.V.V.THOMAS, VELIKKAKATHU HOUSE, PERUMPADARI P.O. MANARKKADU, PALAKKAD-678011.
4. PRINCE M.G., DIRECTOR OF DEW POND TECHNOLOGY PRIVATE LTD. S/O.M.GOPALAN, SITHARA, NI.T.P.O. KOZHIKODE, PIN673601.
5. NOUSHAD.V.S., PROPRIETOR OF NOBLE TECH INDUSTRIES, S/O.V.P.SAITH VALIYAPARAMBIL, NEERIKODE, ALANGAD ERNAKULAM-683 104. BY ADVS.SRI.M.S.UNNIKRISHNAN SMT.JAYASREE MANOJ SRI.JITHIN PAUL VARGHESE RESPONDENT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN695033.
3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD - 678 001.
4. DHAANISPAT PRIVATE LTD., REPRESENTED BY ITS MANAGING DIRECTOR, D2, 24/2489 CHEMPAKA HOUSING COLONY, POTTAMMAL JUNCTION CALICUT - 6. R4 BY ADV. SRI.AUGUSTINE JOSEPH R4 BY ADV. SRI.K.S.ROCKEY R4 BY ADV. SRI.TONY AUGUSTINE BY SR.GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0409-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MNS WP(C).No. 17536 of 2013 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS: ------------------------ EXT.P1:TRUE COPY OF THE JUDGMENT
IN WP(C) NO. 3675 OF2007BEFORE THIS HON'BLE COURT27H AUGUST2008 EXT.P2: TRUE COPY OF THE PROCEEDINGS DATED1512.2012 ISSUED BY THE1T RESPONDENT TO THE2D RESPONDENT. EXT.P3:TRUE COPY OF THE LETTER DATED0401.2013 ISSUED BY THE2D RESPONDENT TO THE3D RESPONDENT. EXT.P4: TRUE COPY OF THE PROCEEDINGS DATED2101.2013 OF THE3D RESPONDENT. EXT.P5: TRUE COPY OF THE PROCEEDIGNS OF THE3D RESPONDENT. EXT.P6:TRUE COPY OF THE EMD RECEIPT ISSUED TO THE1T PETITIONER. EXT P7: TRUE COPY OF THE EMD RECEIPT ISSUED TO THE2D PETITIONER EXT P8: TRUE COPUY OF THE EMD RECEIPT ISSUED TO THE3D PETITIONER. EXT.P9: TRUE COPY OF THE EMD RECEIPT ISSUED OT THE4H PETITIONER. EXT P10: TRUE COPY OF THE EMD RECEIPT ISSUED TO THE5H PETITIONER. EXT.P11: TRUE COPY OF THE LETTER DATED2801.2013 ISSUED BY THE4H RESPONDENT TO THE VILLAGE OFFICER, PUTHUSSERY CENTRAL VILLAGE. EXT.P12: TRUE COPY OF THE PLAN PREPARED BY THE VILLAGE OFFICER PUTHUSSERY CENTRAL DATED2801.2013 REGARDING THE PROPERTY PROPOSED TO BE ALLOTTED TO THE1T PETITIONER. EXT.P13:TRUE COPY OF THE PLAN PREPARED BY THE VILLAGE OFFICER PUTHUSSERY CENTRAL DATED2801.2013 REGARDING T HE PROPERTY PROPOSED TO BE ALLOTTED TO THE2D PETITIONER. EXT.P14:TRUE COPY OF THE PLAN PREPARED BY THE VILLAGE OFFICER PUTHUSSERY CENTRAL DATED2801.2013 REGARDING THE PROPERTY PROPOSED TO BE ALLOTTED TO THE3D PETITIONER. EXT.P15:TRUE COPY OF THE PLAN PREPARED BY THE VILLAGE OFFICER PUTHUSSERTY CENTRAL DATED2801.2013 REGARDING THE PROPERTY PROPOSED TO BE ALLOTTED TO THE4H PETITIONER. EXT.P16: TRUE COPY OF THE PLAN PREPARED BY THE VILLAGE OFFICER PUTHUSSERY CENTRAL DATED281/2013 REGARDING THE PROPERTY PROPOSED TO BE ALLOTED TO THE5H PETITIONER. EXT.P17: TRUE COPY OF THE PETITION DATED154/2013 EXT.P18: TRUE COPY OF THE LETTER DATED301/2013 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT INDUSTRIES (F) DEPARTMENT, THIRUVANANTHAPURAM. RESPONDENT(S)' EXHIBITS:NIL ------------------------ //TRUE COPY// P.A TO JUDGE P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 17536 of 2013 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 4th day of September, 2013 JUDGMENT
Allotment of industrial plot under the particular project in Kanjikkode of Palakkad district is the subject matter of this writ petition.
2. The petitioners are industrial entrepreneurs, who applied for allotment of industrial plot in the project area. The case of the petitioners is that concerned plot was earlier alloted to the 4th respondent, who did not make use of the land, by effecting construction within the stipulated time. Since the requirement was not satisfied, resulting in patent infringement of the conditions, the property was ordered to be taken over. On filing further representation at the instance of the 4th respondent, the first respondent issued Ext. P18 proceedings bearing No. 391/F1/2013/ID dated 30.01.2013, directing to keep the proceedings in abeyance till disposal of the matter by the Government. It is pointed out that , though the petitioners have approached the second respondent by filing Ext. P17 representation, since the matter is pending consideration before the first respondent, it has been kept in cold storage. The learned counsel for the petitioners submits that the W.P.(C) No. 17536 of 2013 :
2. : limited relief now pressed before this Court is to cause the proceedings leading to Ext. P18 to be finalized within a reasonable time.
3. Heard the learned Government Pleader as well.
4. Considering the limited nature of relief sought for, this Court does not find it necessary to adjudicate the matter on merits. The Writ Petition is disposed of, directing the first respondent to consider and finalize the proceedings forming subject matter of Ext. P18, passing appropriate orders thereon, after giving an opportunity of hearing to the petitioners and the 4th respondent. The proceedings as above shall be finalized, at the earliest, at any rate within three months from the date of receipt of a copy of this judgment. Petitioners shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd