This writ appeal by a Managing Partner seeking to retain nine industrial sheds allotted to his father was dismissed. The Court held that defaulting rent and failure to commence an industrial establishment precludes retention against the terms of the grant.
Writ appeal dismissed; Appellant denied right to retain sheds.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 1ST DAY OF JULY 2013/10TH ASHADHA, 1935
WA.No. 697 of 2013 () IN WP(C).9213/2007
----------------------------------------AGAINST THE JUDGMENT IN WP(C) 9213/2007 of HIGH COURT OF KERALA DATED 13-07-2012
APPELLANT/PETITIONER IN WPC.:
SAMUEL JOHN, MANAGING PARTNER, GOOD SHEPHERD RUBBER WORKS WHITE HOUSE, 4/942-A1, PUTHUR ROAD PALAKKAD.
BY ADVS.SRI.SAJEEV KUMAR K.GOPAL SRI.R.HARISHANKAR
RESPONDENTS/RESPONDENTS IN WPC.:
------------------------------
1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001.
2. THE KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED P.B.NO.50, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN-695001 REPRESENTED BY ITS MANAGING DIRECTOR.
R1 BY SENIOR GOVERNMENT PLEADER SRI. P.I. DAVIS R2 BY ADV. SRI.R.T.PRADEEP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
WA.No. 697 of 2013 ()
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE 1: COPY OF THE CERTIFICATE BY THE KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED DT.13.12.2011 ANNEXURE 2: COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE DISTRICT INDUSTRIES CENTRE, PALAKKAD DT 29/9/2012. ANNEXURE 3: COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT TO THE MANGING DIRECTOR OF THE SIDCO DT 22/3/2013.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JDUGE
BP
MANJULA CHELLUR,C.J. &
K.VINOD CHANDRAN, J.
= = = = = = = = = = = = = = = = Writ Appeal No.697 of 2013 = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of July, 2013
JUDGMENT
Vinod Chandran, J
Appellant attempts to retain the nine sheds in the industrial estate, allotted to his father by the Kerala Small Industries Development Corporation. It is the claim of the appellant that in fact an industrial establishment by name 'Good Shepherd Rubber Works' was started initially in the sheds allotted to his father in 1960. Later on, sometime in the years 1970-75, it is admitted that the industry was closed down and after that it was never commenced.
Writ Appeal No.697 of 2013
2
evident that the appellant has defaulted the rent for the last many years and has illegally let out the sheds to third parties without paying the rent and without starting the industry. Promotion of industries is the purpose for which the industrial estate is set up and the petitioner who has not commenced an industry therein is not entitled to retain the sheds, against the terms of the grant and against the very purpose for which the industrial estate is set up.
We do not think that there is any substance in the contention raised by the appellant. The judgment of the learned Single Judge is not liable to be interfered with. The writ appeal is dismissed. No costs.
MANJULA CHELLUR, CHIEF JUSTICE
K.VINOD CHANDRAN, JUDGE
sj 2/7
Samuel John
State of Kerala
The Kerala Small Industries Development Corporation Limited
Manjula Chellur
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
