IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WA.No. 2556 of 2009 -------------------------------- AGAINST JUDGMENT IN WP(C) NO.15236/2007 DATED 7.4.2009 APPELLANT/PETITIONER ------------------------------------ V.M.MANOJ, VIRUTHYIL HOUSE, POOVANTHURUTHU P.O., KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENTS/RESPONDENTS -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2556 of 2009 ------------------------------------------ Dated this the 24th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the judgment of the learned Single Judge dated 7th April, 2009 dismissing the writ petition filed by the petitioner, the present writ appeal is filed. 2. The petitioner was allotted an industrial shed in the year 2003 under quota for scheduled caste community subject to the condition that the petitioner effects prompt payment of the rent nominally fixed at Rs.530/- per month as the plinth area is around 1060 sq.ft.. Right from day one, the appellant/petitioner had committed not only default in payment of rent, but also no industrial activities were undertaken. As such, after issuing due notice to the petitioner and as the reply given by him was not satisfactory, the respondents were forced to cancel the allotment made in favour of the appellant and decided further to entrust it to the proper and eligible enthusiastic applicants. The learned Single Judge considering these aspects, in our view, has rightly noted that as the W.A.No.2556 of 2009 - 2 - appellant had violated the terms and responsibility of payment of rent as well as failed to set up the industry, the respondents were justified in terminating the allotment. It is to be noted that when notice prior to the proceedings for cancellation of the allotment was issued, even though he received the notice, he did not attend the hearing which again indicates his lack of interest in the matter. 3. We do not find any illegality or perversity either in the order passed by the respondents or in the order of the learned Single Judge. Therefore, we reject the writ appeal as devoid of merits. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns