IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WA.No. 1794 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26828/2010 Dated 23/09/2010 .................... APPELLANT(S): -------------- KUNJU KUNJAMMA KOSHY, W/O.LATE G.KOSHY, AGED 62, M/S.GEEKAY INDUSTRIES, SHED NO.C.13 AB., KOLLAKADAVU INDUSTRIAL ESTATE, KALLIMEL P.O., MAVELIKKARA-690570 BY ADV. SMT.R.RANJINI RESPONDENT(S): --------------- 1. THE KERALA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD,REP.BY ITS MANAGING DIRECTOR, THE KERALA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD, SANTHI NAGAR THIRUVANANTHAPURAM-695001. 2. THE ESTATE MANAGER, KOLLAKADAVU INDUSTRIAL ESTATE, KOLLAKADAVU, KALLIMEL,MAVELIKKARA-690570 ADV. SRI.R.T.PRADEEP FOR R1 TO 2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1794 of 2010 -------------------------------------------- Dated this the 15th day of October, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and standing counsel appearing for the first respondent. The challenge is against the judgment of the learned single Judge declining to grant the relief prayed for by the appellant, that is, allotment of another 9.5 cents of land by the first respondent. According to the appellant, her late husband was allotted 22 cents of land for starting a timber industry in the Industrial Estate under the control of the first respondent in the year 1964. Within a few years, appellant's husband died and thereafter she was running the industry. Appellant's case is that adjoining property of 9.5 cents of land is used by her for storage of timber and the same is required for her industry. Even though repeated applications for allotment of additional 9.5 cents of land were submitted, first respondent did not grant the same. On coming to know about allotment being made by the first respondent to third respondent, appellant approached this Court WA 1794 of 2010 2 challenging the said allotment. The learned single Judge found that appellant has no legal right to get assignment of 9.5 cents of land over and above the land held by her merely because she was in use of the said land for storage of timber. 2. After hearing both sides and after going through the impugned judgment, we do not find any merit for the appellant because the land allotted to the appellant was admittedly sufficient for running the industry and that is why the appellant's late husband accepted the allotment and started the industry. The fact that adjoining vacant land belonging to the first respondent was used for several years by the appellant for storage of timber does not entitle her for any right for allotment. She would be in fact grateful to the first respondent for not having charged rent for use of land for several years. Admittedly the said land is allotted to third respondent to start another industry for herself and she has already deposited Rs. 5 lakhs. The first respondent being the owner and in control of the Industrial Estate, is entitled to allot it to any entrepreneur which in this case is additional third respondent, a lady. Even though appellant may have some WA 1794 of 2010 3 inconvenience on account of loss of facility which she was enjoying without any legal right, when compared to the benefit that third respondent got that is for starting an industrial unit for herself, we feel, the appellant should yield to the benefit derived by another entrepreneur who is also a lady. In other words, what is more important for the first respondent is to allow one another person to start a new unit in the industrial estate instead of allowing the appellant to enjoy extensive land for her industry, which is nothing but a saw mill. We therefore do not find any merit in the Writ Appeal and the same is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WA 1794 of 2010 4