IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 140 of 2010()
1. K.THOMAS VARGHESE
... Petitioner
Vs
1. STATE OF KERALA AND 4 OTHERS
... Respondent
For Petitioner :SRI.P.KURUVILLA JACOB
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :03/02/2010
O R D E R
K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ.
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W.A.No.140/2010
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Dated this, the 3rd day of February, 2010
JUDGMENT
Balakrishnan Nair, J.
The writ petitioner is the appellant. He was allotted two
sheds in an industrial estate in Changanacherry. He did not
remit the rent in time. So, proceedings were initiated to evict
him. Finally, the matter was settled between the parties, with
the Kerala Small Industries Development Corporation Limited
(for short “SIDCO”) offering to sell the property to the appellant.
Initially, the SIDCO fixed the price as Rs.14,04,738/-, as per
Ext.P3. The appellant complained. Taking into account the
various factors, the SIDCO re-fixed the price as Rs.5,06,527/-,
as per Ext.P4. Dissatisfied with the conditions contained in
Ext.P4, the Writ Petition was filed. The learned Single Judge
took the view that the claim of the appellant is irrational. It was
found that the price was reasonable, having regard to the extent
WA No.140/2010
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of land allotted. In that view, the Writ Petition was dismissed.
Hence this appeal.
2. If the appellant is not satisfied with the conditions in
Ext.P4, he need not take the land. We find that it is a
commercial transaction between the seller and the buyer.
Because of the policy of the Government to promote industries,
he is being allotted the land at a very reasonable rate.
Therefore, we find no reason to entertain the grievance raised
by the appellant against the terms of allotment. Accordingly,
we find no reason to interfere with the judgment under appeal.
Accordingly, the Writ Appeal is dismissed.
K. Balakrishnan Nair,
Judge.
P.N.Ravindran,
Judge.
nm.