IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1642 of 2008(U)
1. MULAVARICKAL GROUP, MULAVARICKAL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DISTRICT COLLECTOR, COLLECTORATE,
3. GENERAL MANAGER, DISTRICT INDUSTRIES
4. ADDL. DISTRICT INDUSTRIES CENTRE,
For Petitioner :SRI.P.GOPAKUMARAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 1642 OF 2008 - U
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Dated this the 24 th day of January, 2008
J U D G M E N T
Petitioner claims to be a manufacturer of paint and other
ancillary products. According to them, they in view of dearth of
space they had submitted Ext. P1 application for allotment of
additional 4 acres of industrial land. However, only 50 cents were
allotted to them by Ext. P2 order which on actual measurement was
found to be only 30 cents.
2. It is submitted by the petitioner that while so, they
received Ext. P4, an order issued by the 3rd respondent cancelling
the allotment of additional land on the allegation that when an
inspection was conducted it was seen that the industrial unit already
set up by the petitioner was seen closed. Petitioner submits that the
industrial unit has not been closed and that it is still functioning.
3. Irrespective of the factual controversies involved in the
writ petition, I feel, the matter requires re-examination. This is for
W.P.(C) No.1642 OF 2008
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the reason that when the allotment of the land that is already
allotted to the petitioner is sought to be cancelled, the petitioner is
entitled to be put on notice and should be given an opportunity to
explain its case. A reading of Ext. P4 and the averments in this writ
petition, shows that such an opportunity was not extended to the
petitioner. If that be so, Ext. P4 is to be held as one vitiated for
violation of principles of natural justice. Accordingly, Ext. P4
deserves to be quashed and I do so. The 3rd respondent is directed
to issue notice, hear the petitioner and then pass orders afresh.
Writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
jan/-