Petitioner challenged the resumption of his allotted industrial shed for alleged non-payment and non-commencement of business. The Court held that impugned orders were not illegal and the petitioner had already been evicted, rendering interference unnecessary.
Writ petition dismissed with no scope for interference in the present proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY ,THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940 WP(C).No. 20869 of 2018
PETITIONER/S:
NATIONAL ABDULLA
AGED 51 YEARS, S/O ABDUL KHADER HAJI, 'NATIONAL VIEW', NEAR CHENGALA MINI INDUSTRIAL ESTATE, POST MUTTATHODI, KASARAGOD-671 123.
BY ADVS. SRI.P.B.KRISHNAN SMT.B.ANUSREE SRI.MANU VYASAN PETER SRI.P.B.SUBRAMANYAN SRI.P.M.NEELAKANDAN SRI.SABU GEORGE
RESPONDENT/S:
1 GENERAL MANAGER, KASARAGOD DISTRICT INDUSTRIES CENTRE, P.O MUTTATHODI, KASARAGOD 671123
2 THE ADMINSITRATOR, KASARAGOD DISTRICT MINI INDUSTRIAL ESTATE, COOPERATIVE SOCIETY LTD.NO.S(IND)S-31, DISTRICT INDUSTRIES CENTRE, KASARAGOD, PIN-671123.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ALEXANDER THOMAS, J.
W.P.(C)No.20869 OF 2018
Dated this the 7th day of December, 2018
JUDGMENT
The prayers in the above Writ Petition (Civil) are as follows:
“(i) Call for the records leading to Ext.P6 order and P8 communication from respondent No.1 and 2 respectively and quash Ext.P6 order and P8 communication by the issue of a writ of certiorari or any other appropriate writ or order.
(ii) issue a writ of mandamus or any other appropriate writ, order or direction, restraining the Respondents 1 and 2 herein from initiating any steps pursuant to Ext.P6 order and P8 communication passed by them respectively, pending disposal of this writ petition.
(iii) grant the petitioner such other reliefs as this Hon'ble Court may deem fit and proper to grant on the facts and in the circumstances of the case including the cost of this writ petition.”
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boards, hoardings and undertaking other artistic works in the shed. But now by Ext.P6 order dated 23.4.2018 and Ext.P8 letter dated 13.6.2018 issued by the first and second respondents respectively, it has been directed that the shed will stand resumed for non-payment of instalment and non-starting of the unit. The petitioner would contend that Exts.P6 and P8 are illegal. The main case of the petitioner is that had he been given a reasonable time to revive the industrial undertaking particularly in the context of Ext.P5 project report, then it would have been in all likelihood accepted by the Allahabad Bank and loan amount applied would have been granted etc. Further that, Exts.P6 and P8 ought not have been imposed particularly in the context of the petitioner having paid substantial amount towards the price of the property so as to avail taking off the revival attempt.
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have commenced the industrial activity within six months of the allotment and for any contravention the first respondent is obliged to receive the shed. Earlier an order dated 6.2.2017 was issued by the first respondent for resuming the shed which the petitioner did not accept through post. Complaint was received from Abdul Razaq that the petitioner is conducting religious activity, group activities and religious conventions in the shed alloted, that on 10.2.2012 the petitioner was called by the respondent to the office and was warned. Later the petitioner submitted a new project named Poclm Printing and Manufacturing Technology with a project cost of Rs.119.49 lakhs and informed that the State Bank is willing to finance the same. Personal hearing was conducted on 22.12.2012. The petitioner agreed to start the unit within three months and to remit the whole dues. Hence the first respondent General Manager reviewed the resumption order under humanitarian ground, re-allotted shed as per order dated 26.3.2013. The petitioner agreed to remit electricity arrears and no direction was given by the respondent and thus agreed to remit the electricity charges. As per letter dated 27.02.2007 the petitioner had agreed to clear Rs.40,000/- by way of KSEB arrears by the previous occupants and the respondent was ready to adjust the amount towards the outstanding dues of the shed. The petitioner has not produced the receipt from KSEB, evidencing remittance till date, that thereafter the petitioner had not taken any active steps
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for starting the printing press, that the petitioner himself had admitted in paragraph 8 of the writ petition that he would provide Rs.12 lakhs as capital. It is thus urged that there is no bonafides in the claims of the petitioner for not remitting the dues and for not commencing the industrial activity, that as per the higher purchase rules of allotment of land and shed, there is no provision for waiver of interest and penal interest, that the said shed has been kept idle for 15 years by the petitioner and therefore the respondent has no other option but to resume the shed for re-allocation. Accordingly an order was issued on 23.4.2018 and the request dated 4.6.2018 of the petitioner could not be entertained etc.
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over, now the petitioner has also stated that during the pendency of the writ proceedings, he has already been evicted from the industrial shed.
In the light of these aspects, this court is of the considered view that there
is no scope for interference in the present writ proceedings. Accordingly, the
writ petition will stand dismissed.
Sd/-
ALEXANDER THOMAS JUDGE
sv
sv.
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE COMMUNICATION MADE BY 1ST RESPONDENT TO THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, CHENKALA, KASARAGOD, BEARING NO. MIE-05/2003 DATED 14.10.2003. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE ORDER BEARING NO. MIE 5/2003, DATED 26.03.2013, PASSED BY THE 2ND RESPONDENT. |
| EXHIBIT P3 | A TRUE COPY OF THE FEASIBILITY CERTIFICATE, DATED 07.01.2014, ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, CHENKALA |
| EXHIBIT P4 | A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE 1ST RESPONDENT ON 15.05.2014. |
| EXHIBIT P5 | A TRUE COPY OF THE PROJECT REPORT, UNDER THE CAPTION 'ABDUL QADER HAJI FOOD INDUSTIRES', DATED NIL. |
| EXHIBIT P6 | A TRUE COPY OF THE ORDER BEARING NO.MIE 5/2003 DATED 23.04.2018, PASSED BY THE 1ST RESPONDENT. |
| EXHIBIT P7 | A TRUE COPY OF THE PETITION, DATED 04.06.2018, SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. |
| EXHIBIT P8 | A TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 13.06.2018. |
| EXHIBIT P9 | A TRUE COPY OF THE MAHAZAR DATED 04.07.2018 TAKING BACK THE POSSESSION OF PETITIONER'S SHED IN THE CHENKALA MINI INDUSTRIAL ESTATE. |
| EXHIBIT P10 | A TRUE COPY OF THE LETTER DATED 09.07.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FORWARDING EXT.P9 MAHAZAR. |
| EXHIBIT P11 | A TRUE COPY OF THE APPLICATION DATED 17.06.2018 SUBMITTED BY THE PETITIONER UNDER THE RTI ACT SEEKING THE AMOUNT REMITTED BY HIM FOR THE ALLOTMENT OF THE SHED. |
| EXHIBIT P12 | A TRUE COPY OF THE LETTER DATED 06.07.2018 ISSUED BY THE STATE PUBLIC INFORMATION |
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OFFICER, DISTRICT INDUSTRIES CENTRE, KASARAGOD IN REPLY TO EXT.P11. EXHIBIT P13 A TRUE COPY OF THE LETTER NO.A3/2906/18 DATED 04.07.2018 ISSUED BY RESPONDENT NO.1 TO THE PETITIONER. EXHIBIT P14 A TRUE COPY OF THE NOTICE NO.MIE-05/2003 DATED 03.09.2018 ISSUED BY RESPONDENT NO.2 TO THE PETITIONER. EXHIBIT P15 A TRUE COPY OF THE INVITATION CARD FOR THE LAUNCHING CEREMONY OF POCLM PRINTING AND PUBLISHING TECHNOLOGY LTD., DATED 03.06.2013. EXHIBIT P16 A TRUE COPY OF THE PHOTOGRAPH TAKEN ON 03.06.2013 RELEASING THE BROCHURE BY SHRI N.A.NELLIKUNNU, M.L.A., BY HANDING OVER THE COPY OF THE SAME TO THE GENERAL MANAGER, DIC, KASARAGOD.
2 issues framed by the court
Whether the High Court should interfere with the order for resumption of the industrial shed due to failure to commence industrial activity.
Whether the impugned order of resumption was illegal or unfair in the light of the facts.
National Abdulla
General Manager, Kasaragod District Industries Centre, P.O Muttathodi, Kasaragod
The Administrator, Kasaragod District Mini Industrial Estate
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
