IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 20636 of 2009(Y) -------------------------- PETITIONER: --------------- LAZ JOY, AGED 24 YEARS, S/O.JOY, PUNNELIPARAMBIL HOUSE, ATTORE, KUTTOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: --------------- 1. THE GENERAL MANAGER, THRISSUR DISTRICT INDUSTRIES CENTRE, THRISSUR DISTRICT. 2. THE STATE OF KERALA REPRESENTED BY SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009 ALONG WITH WPC NO.20708/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) Nos.20636 &20708 of 2009 -------------------------- Dated this the 27th July,2009 J U D G M E N T Almost identical contentions have been raised in these writ petitions filed by the son and the mother, therefore they have been heard together and are disposed of by a common judgment. I will refer to the facts in WPC No.20636 in the first instance. 2. Petitioner was allotted a plot on hire purchase scheme having an extent of 15 cents vide Ext.P1. An agreement was executed on 31.7.2006. 20% of the purchase value has been paid immediately and the balance was paid in ten equal annual instalments. The rules of allotment also contemplates setting up of an industry, within a reasonable period. According to the petitioner, he was hampered by the fact that certain structures in the property which could be removed only after permission was granted. Public tenders were invited and it was only in February 2009. The tender for cutting and removing trees from the property was held on 4.2.2009. Ext.P2 show cause notice was issued to the W.P ( C) Nos.20636 &20708 of 2009 2 petitioner asking him to show cause why the land should not be resumed. Petitioner gave a reply to Ext.P2 as per Ext.P3. First respondent has passed an order as per Ext.P4. Two reasons have been given in Ext.P4. Firstly, there has been a default in payment. Secondly, there has been unreasonable delay in taking up the construction and proceed with the commencement of the industrial unit. 3. I have considered the reasons afforded by the petitioner for the alleged lapse in taking up and completing the civil construction of the industrial unit. It is possible that the delay in cutting and removal of the trees which was necessary to put up a building also stood in the way of construction of the plot. In so far as the second reason is concerned, now the petitioner has expressed his willingness to pay the arrears of purchase price straight away. It would only be appropriate that respondents accepts the same. Accordingly, writ petitions are disposed of with the following directions. W.P ( C) Nos.20636 &20708 of 2009 3 1. Petitioners shall remit the arrears of purchase price within one month from today. 2. Immediately on payment of the purchase price, they shall be permitted to commence the civil construction of the unit and they shall commision the same as early as possible, at any rate, within 7 months from today. 3. Ext.P4 in both these cases, shall stand set aside. But it is made clear that the 1st respondent shall be entitled to take fresh proceedings against the petitioners if there is delay in commencement of the industrial unit, in spite of the time frame fixed in this judgment. The judgment shall not stand in the way of the 1st respondent taking appropriate steps, in terms of the rules, under which the lands have been allotted, if there is non-compliance of the rules or the conditions prescribed therein. Writ petitions are disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) Nos.20636 &20708 of 2009 4 W.P ( C) Nos.20636 &20708 of 2009 5