IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 17502 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------ D.PRASANNAKUMARI, D/O.DEVAKI AMMA, ELAMPANAVILAKATHU VADAKKEVEEDU, KULATHOOR, UCHAKKADA P.O., NEYYATTINKARA. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIAL DEPARTMENT, GOVERNMNET SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. KERALA SMALL INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, HOUSING BOARD BUILDING, SANTHI NAGASR, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR-695 001. 3. THE MANAGING DIRECTOR, KERALA SMALL INDUSTRSIAL DEVELOPMENT CORPORATION LIMITED, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. R1 BY GOVERNMENT PLEADER SMT.RAJASHREE R2 & R3 BY ADV. SRI.R.T.PRADEEP,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.17502/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AWARD OF THE LOK ADALAT THIRUVANANTHAPURAM, DATED 11/07/2009. P2 COPY OF THE RECEIPT FOR RS.29,400/- ISSUED BY THE SECOND RESPONDENT DATED 4/08/2009. P3 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MINISTER OF INDUSTRIES DATED 5/10/2009. P4 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 20/6/2011. P5 COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 25/11/1998 FOR RS.69,800/-. RESPONDENT'S EXHIBITS AND ANNEXURES: ANNEX 1: COPY OF THE RESUMPTION ORDER DATED 5/8/1998. ANNEX II: COPY OF THE EVICTION ORDER DATED 29/8/99 WAS PASSED UNDER KERALA PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS ) ACT. ANNEX III: COPY OF THE MAHAZAR OF EVICTION DATED 24/7/2000. ANNEX IV: COPY OF THE ORDER OF ALLOTMENT OF 5 CENTS DATED 2/6/2011. ANNEX V: COPY OF THE ORDER OF ALLOTMENT OF 9.97 CENTS DATED 2/6/2011. /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 17502 OF 2011 ===================== Dated this the 27th day of July, 2011 J U D G M E N T Petitioner, the proprietrix of SDS Industries, was alloted an industrial plot of 30 cents in the Industrial Estate of Pappanamcode belonging to the 2nd respondent. According to the petitioner, on allotment, she paid 20% of the dues and the balance was to be paid in 10 instalments. Default was committed and unit was also closed down. 2. It is the case of the petitioner that the entire hire purchase dues were paid and Ext.P5 receipt dated 25/11/98 was issued. It is also her case that the liability towards loan availed of from the respondents was also paid off pursuant to Ext.P1 award of the Lok Adalat and Ext.P2 receipt was issued by the respondents. Despite all this, land was not reassigned. Representations made by the petitioner also did not evoke any response. Therefore, the writ petition is filed. 3. The case of the 2nd respondent on whose behalf a statement has been filed is that, after allotment of the land as above, default was committed and the unit was also kept idle. WPC No. 17502/11 :2 : Both these were violations of the conditions of allotment entitling the respondents to resume the land, and therefore, Annexure A1 resumption order was passed on 5/8/98. 4. It is stated that the petitioner had also committed default in the repayment of the loan amount due, which led to the revenue recovery proceedings. It was to avoid such recovery proceedings that the petitioner made payment evidenced by Ext.P5 receipt. It is stated that pursuant to Annexure 1 resumption order, proceedings were initiated under the Kerala Public Premises (Eviction of Unauthorized Occupants) Act and that the Estate Officer appointed under the said Act issued Annexure II order dated 29/08/99 on the basis of which the petitioner was evicted from the premises. 5. Respondents also submit that recovery proceedings were continued to realise the balance amount due towards the loan. Petitioner approached the Legal Services Authority, which led to Ext.P1 award on the basis of which, balance amount of `28,000/- was also paid by the petitioner. They also submit that the resumed land was thereafter allotted to two new entrepreneurs, who are presently in possession of the land. WPC No. 17502/11 :3 : 6. Although it is the case of the petitioner that Ext.P5 evidences discharge of the hire purchase dues, which contention of the counsel for the petitioner is supported by the contents of Ext.P5, still fact remains that after Ext.P5 was issued, the land was ordered to be resumed as per Annexure 1 resumption order issued on 5/8/98 and the Estate Officer passed Annexure II eviction order on 29/08/99. Annexure II order is a statutory one, against which appellate remedy was available to the petitioner before the District Collector, which remedy was also not availed of by the petitioner. Therefore the eviction of the petitioner from the land has become final as early as in July, 2000. The eviction which has thus become final cannot now be reopened at this distance of time. 7. In that view of the matter and also taking note of the subsequent developments resulting in allotment of land to parties who are not before this Court, I am not persuaded to interfere with the impugned proceedings. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp