IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34671 of 2010(H)
1. ROSILY ANTONY, VETTOM VELI HOUSE,
... Petitioner
Vs
1. THE GENERAL MANAGER, THRISSUR DISTRICT
... Respondent
2. THE STATE OF KERALA REP. BY SECRTARY,
For Petitioner :SRI.JIJO PAUL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/12/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 34671 of 2010 H
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Dated this the 9th day of December, 2010
J U D G M E N T
Petitioner was allotted a plot having an extent of 99
cents in Ayyankunnu Industrial Development area in Thrissur
district. Ext.P1 is the agreement that was executed. In this
writ petition, she challenges Ext.P15 order.
2. Earlier, alleging violation of the terms of the
allotment, Ext.P9 order resuming the industrial plot was
passed. That order was challenged before this Court and in
Ext.P14 judgment rendered in WP(C) No.23880/2010, on the
ground that the order was passed without affording an
opportunity of hearing to the petitioner, the order was set
aside and the matter was ordered to be reconsidered.
Accordingly, petitioner was heard and Ext.P15 was passed,
the relevant portion of which reads as under:-
” But on personal hearing the
promoter could not put forward any concrete
proposals to start the project to utilise the
W.P.(C) No.34671/10
: 2 :
land with valid supporting details. The
reason, the promoter had stated for delay in
implementing the project is due to delay in
cutting and removing of trees in the land. But
the cutting and removing of the trees was
completed in March 2009 itself. The
supporting details for financial arrangement,
they had produced an invalid copy of the loan
recommendation letter from KVIB to
M/s.Canara Bank, Athani. The promoter had
promised to produce valid letter for raw
material availability within 29-09-2010, but
failed to produce any valid details. The party
is a defaulter of 2 instalments of land value
dues.”
3. When the matter was taken up, the main
contention raised by the learned counsel for the petitioner
was that the finding in Ext.P15 that the petitioner did not put
forward any concrete proposal to start a project to utilise the
land is incorrect. According to the learned counsel, Exts.P10
and P11 enclosing building plan and other details were
submitted and it was on account of the inaction on the part of
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the respondents that the petitioner could not proceed further
with the matter.
4. When this submission was made, the learned
Government Pleader was directed to obtain instructions in the
matter. Accordingly, on instructions, it is submitted that
among the documents produced by the petitioner, the
respondents had received only Ext.P10, a one line letter and
that too without any enclosures including any building plan or
other details. It is stated thereafter the petitioner did not turn
up despite repeated notices that were issued and in the
circumstances, the impugned proceedings were issued.
5. Although it is the case of the petitioner that she
made all efforts to establish the industrial unit, there is nothing
on record to prove such a contention. That apart Ext.P10,
which is admitted to have been received by the respondents,
does not contain any concrete proposal for utilisation of the
land. That apart, she is already found to be a defaulter.
Therefore, this evidently is a case of violation of the terms of
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allotment and the agreement entered into between the
parties.
6. The plot in question allotted to the petitioner is in
an industrial development area which is established by the
Government for promoting small scale industrial units. If an
allottee does not make use of the plot which is a scarce
commodity, the authorities are entitled to resume the land and
re-allot the same to deserving applicants waiting for allotment.
Such being the case, I do not find any merit in the case set up
by the petitioner.
Writ petition fails and it is dismissed.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge