IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 31846 of 2009(A) -------------------------- PETITIONER: ------------------- M/S.THE KERALA RUBBERS B-48, GOVERNMENT INDUSTRIAL ESTATE, OLLUR, THRISSUR DISTRICT, REPRESENTED BY THOMAS T.RAMAPURAM, PARTNER, RESIDING AT RAMAPURAM HOUSE, KURIACHIRA, THRISSUR-6. BY ADV. MR.C.M.ANDREWS. RESPONDENTS: ----------------------- 1. KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., (SIDCO)-REPRESENTED BY ITS MANAGING DIRECTOR, POST BOX NO.50, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE OFFICER IN CHARGE, GOVERNMENT INDUSTRIAL ESTATE, OLLUR, THRISSUR DISTRICT. 3. SENIOR MANAGER (IE), I/C.KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION, POST BOX NO.50, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. R1 & R3 BY MR. R.T. PRADEEP, S.C, R2 BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31846 of 2009-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of November, 2009. JUDGMENT The petitioner was given a notice (Ext.P14) for resumption of an item of land. He gave Exts.P16 and P17 replies. Apparently, without considering specifically the defence of the petitioner, Ext.P17 was issued by merely stating that the processing in the unit is not carried on satisfactorily and the reply is found to be insufficient. No reason for that conclusion is stated in Ext.P18. Treating Ext.P18 as a notice, the petitioner has made Ext.P19 representation reiterating his earlier stand. Obviously, no final action can be taken without deciding on the objections of the petitioner as raised by him in Exts.P16 and P17, as also Ext.P19. Such a decision has to be taken after giving the petitioner an opportunity of hearing and also to WPC31846/09 -: 2 :- place further materials, if necessary. Under such circumstances, this writ petition is ordered directing that the competent among the respondents will hear the petitioner afresh on Exts.P14 and P18 in the light of Exts.P16, 17 and P19 and take a decision de novo in the light of what is stated above. Let that be undertaken within two months from the date of receipt of a copy of this judgment. Until then, no action shall be enforced against the petitioner. All other issues are left open. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2411