High Court Kerala High Court

B.Chandran vs Kerala Small Industries … on 13 August, 2010

Kerala High Court
B.Chandran vs Kerala Small Industries … on 13 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25585 of 2010(W)


1. B.CHANDRAN,
                      ...  Petitioner

                        Vs



1. KERALA SMALL INDUSTRIES DEVELOPMENT
                       ...       Respondent

2. THE SENIOR MANAGER (IE)

3. THE GENERAL MANAGER

                For Petitioner  :SRI.SERGI JOSEPH THOMAS

                For Respondent  :SRI.R.T.PRADEEP

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :13/08/2010

 O R D E R
                         S. SIRIJAGAN, J.
                   ---------------------------------------
                   W.P.(C) No.25585 of 2010
                   ---------------------------------------
            Dated this the 13th day of August, 2010

                          J U D G M E N T

………………………

Heard the learned counsel appearing for the

petitioner and the learned standing counsel appearing for

the respondent.

2. The petitioner is aggrieved by Exhibit P9 order of

the first respondent wherein a plot allotted to the

petitioner in Industrial Estate, Umayanalloor has been

ordered to be resumed on the ground that the petitioner

has not put the plot allotted, to the use for which the

same was allotted.

3. The petitioner’s contention is that the petitioner has

been and is still using the plot for the purpose of running an

industry. In reply to Exhibit P4 show cause notice the

petitioner has submitted Exhibit P5. It is submitted by the

petitioner in Exhibit P5 that for small periods the unit have

to be temporarily closed and at other times the unit works

even during nights, which depends on the availability of

W.P.(C) No.25585 of 2010 2

work. According to the petitioner, he supplies oil

manufactured in the unit to other units in the very same

Industrial Estate itself and therefore the finding that the

petitioner had not used the plot for the purpose for which it

was allotted is totally unsustainable.

4. The learned standing counsel for the respondents

submits that it is after considering all the contentions of

the petitioner and finding the same to be incorrect,

Exhibit P9 order has been passed.

5. I have considered the rival contentions in detail. I

find that in Exhibit P5 reply to the show cause notice issued

to the petitioner, the petitioner has specifically stated that

the unit is presently functioning. It is stated therein that

the petitioner manufactures oil for one month continuously

in which case only they can make a profit. When the

petitioner goes out for sale of the processed oil the unit

would be temporarily closed. It is further stated in Exhibit

P5 that at other times during holidays also there would be

work in the unit and even during night when work is

W.P.(C) No.25585 of 2010 3

available. It is specifically stated that the petitioner

supplies oil manufactured in the unit to other units in the

industrial estate itself. It is further stated therein that on

some days the unit works during the whole night till

morning. On a reading of Exhibit P5, I do not find any

consideration whatsoever of the said averments in Exhibit

P5 reply. There is no mention as to why the petitioner’s

contention in Exhibit P5 cannot be accepted. Therefore, I

am satisfied that Exhibit P9 is unsustainable for non-

application of mind. Accordingly the same is quashed. The

first respondent is directed to reconsider the matter in its

right perspective giving reasons as to why the petitioner’s

explanation is not acceptable. I make it clear that further

consideration shall be only after affording the petitioner an

opportunity of being heard.

The writ petition is disposed of accordingly.

S.SIRIJAGAN,
JUDGE.

rkc