Petitioner challenged land resumption order in industrial area allotment dispute involvingPayment default. Direction given to authority to consider representations rather than summarily deciding facts.
2nd respondent to consider PETITIONER's representations and pass reasoned order after hearing within two months.
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 V.G.ARUN
MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944
W.P.(C) NO.22547 OF 2018
PETITIONER:
MOHAMMED MOOSA Y.,
AGED 55 YEARS, S/O.YOUSEFF, PROPRIETOR, MODERN FABRICATION WORKS, NIDA, KANJIKODE, PALAKKAD-678 621.
BY ADVS. SRI.NISHIL.P.S. SRI.GILBERT GEORGE CORREYA SRI.GEORGIE JOHNY SMT.ANITA ANN GEORGE THANUSHREE DAMODARAN(K/1566/2022)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
2 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD-678 001.
SRI. S. KANNAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 21st day of November, 2022
The petitioner was allotted 36 cents of land in an Industrial Development Area in Kanjikode for setting up an industrial unit. The petitioner set up a fabrication unit in the allotted land. For the purpose of the industry, petitioner constructed two buildings and compound wall. While so, the petitioner’s daughter was diagnosed with a serious cardiac ailment and had to undergo open-heart surgery. As a result, the petitioner was not able to concentrate on his business during the period 2014 to 2017. During this interregnum, the business was managed by petitioner's manager. According to the petitioner, the manager had to be terminated for pilfering money. Thereafter, the petitioner took over the business directly in 2017. As per Ext.P2 agreement executed between the petitioner and the General Manager, District Industries Centre, the petitioner is liable to remit 80% of the land value in 10 instalments and on failure, the petitioner has to pay 2% towards penal interest, over and above the stipulated rate of
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interest. The petitioner failed to remit the land value as per the payment schedule. This resulted in the petitioner being served with Ext.P9 order, informing him that the allotted land has been resumed by the 2nd respondent. This writ petition is filed seeking to quash Ext.P9.
the land allotted to the petitioner was not only resumed but re-allotted to another person. Therefore, the petitioner’s contention that he is still in possession of the land cannot be accepted.
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consider the petitioner’s representation, rather than deciding the disputed facts in this writ petition.
The writ petition is hence disposed of directing the 2nd respondent to consider Exts.P12 and P13 representations and to pass a reasoned order thereon, after affording an opportunity of hearing to the petitioner. The order, as directed above, shall be passed within two months of receipt of a copy of this judgment.
Sd/- V.G. ARUN JUDGE
bpr
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W.P.(C) NO.22547 OF 2018
APPENDIX OF WP(C) 22547/2018
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF ORDER NO.5787/02 DATED 20/03/2003 OF 2ND RESPONDENT.
EXHIBIT P2 TRUE PHOTOCOPY OF AGREEMENT DATED 20/03/2003 EXECUTED BY PETITIONER. EXHIBIT P3 TRUE PHOTOCOPY OF NOTICE NO.1/5787/02 DATED 23/09/2017 FOR THE 2ND RESPONDENT.
EXHIBIT P4 TRUE PHOTOCOPY OF AFFIDAVIT DATED 28/09/2017 OF THE PETITIONER. EXHIBIT P5 TRUE PHOTOCOPY OF CERTIFICATE OF PROVISIONAL REGISTRATION DATED 28/06/2017. EXHIBIT P6 TRUE PHOTOCOPY OF GST RETURN FOR MAY, 2018 OF THE PETITIONER. EXHIBIT P7 TRUE PHOTOCOPY OF D & O LICENCE DATED O3/07/2018 ISSUED BY PUDUSSERI GRAMA PANCHAYAT.
EXHIBIT P8 TRUE PHOTOCOPY OF CASH RECEIPT DATED 12/01/2017 ISSUED BY PUDUSSERI GRAMA PANCHAYAT. EXHIBIT P9 TRUE PHOTOCOPY OF PROCEEDING DATED 10/05/2018 OF THE 2ND RESPONDENT. EXHIBIT P10 TRUE PHOTOCOPY OF COVER IN WHICH EXT-P9 WAS DELIVERED. EXHIBIT P11 TRUE PHOTOCOPY OF THE PRINT OUT FROM THE WEBSITE OF DEPARTMENT OF POSTS.
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT DATED 07.01.2021.
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EXHIBIT P13 THE TRUE COPY OF THE REPRESENTATION OF THE DEPONENT DATED 31.08.2022 WHICH WAS DULY ACKNOWLEDGED BY THE 2ND RESPONDENT.
EXHIBIT P14 TRUE COPY O F THE LETTER NO. DICPKD/1140/2022-VI DATED 14.10.2022 CONFIRMING THE POSITION AS ON DATE.
RESPONDENTS' EXHIBITS
EXHIBIT R2(A) A TRUE COPY OF THE HIRE PURCHASE RULES DATED 05-04-1969.
EXHIBIT R2(B) A TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
1 issue framed by the court
Whether to quash an order of land resumption without deciding disputed facts.
MOHAMMED MOOSA Y.
STATE OF KERALA
THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
