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Good Luck Metal Industries vs The Managing Director on 14 August, 2009

Kerala High Court
Good Luck Metal Industries vs The Managing Director on 14 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29103 of 2007(M)


1. GOOD LUCK METAL INDUSTRIES,
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. THE ESTATE MANAGER,

                For Petitioner  :SRI.M.P.ASHOK KUMAR

                For Respondent  :SRI.R.T.PRADEEP

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :14/08/2009

 O R D E R
                               S.SIRI JAGAN, J.

                       ==================

                         W.P(C).No.29103 of 2007

                       ==================

                Dated this the 14th day of August, 2009

                               J U D G M E N T

Pursuant to tenders invited for allotment of plots in the industrial

park of the Kerala Small Industries Development Corporation Ltd. at

Angamaly, the petitioner was allotted six plots. The petitioner paid 60

per cent of the amount for such allotment as required by the tender

conditions. But despite request by the petitioner, the 1st respondent

did not give possession of the allotted plots to the petitioner without

assigning any reasons. At the same time, the 1st respondent has issued

notification inviting tenders for allotment of other plots in the industrial

park. It is under the above circumstances, the petitioner has filed this

writ petition seeking the following reliefs:

“a) Issue a writ of mandamus or other appropriate writ or order
commanding the respondents to hand over the possession of six
plots to the petitioner unit in the industrial park at Angamaly as
ordered in Ext.P3 to P8.

b) Issue writ of prohibition or other appropriate writ or order
restraining the respondents from allotting any plot to any person or
agencies in the industrial Park at Angamaly under SIDCO without
complying Exts.P3 to P8 orders and handing over possession of six
plots to the petitioner unit.

c) Order an enquiry against the respondents and order appropriate
action against them for delaying the handing over of the
possession of the 6 plots to the petitioner industrial unit by Exts.P3
to P8.”

2. Now an affidavit has been filed on behalf of respondents 1

and 2 giving two compromise proposals as follows:

2

“3. The first proposal is to provide balance of 16.845 cents to
make up 60 cents in the very same Estate of SIDCO.

4. The second proposal is to cancel the present allotment and
to make fresh allotment of 60 cents lying contiguously in the very same
estate of SIDCO at the same price of the earlier allotment.”

3. The counsel for the petitioner submits that the second

proposal is acceptable to he petitioner. Accordingly, this writ petition is

disposed of with the following directions:

Respondents 1 and 2 shall cancel the present allotment and

make fresh allotment of 60 cents of land lying contiguously in the very

same industrial estate of the 1st respondent at the same price as in

the earlier allotment. Orders in this regard shall be issued and

possession handed over to the petitioner, as expeditiously as possible,

at any rate, within one month from the date of receipt of a certified

copy of this judgment, subject to completion of other formalities by the

petitioner.

Sd/-

sdk+                                                   S.SIRI JAGAN, JUDGE

         ///True copy///




                                P.A. to Judge

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