IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31882 of 2011(I) --------------------------------------- PETITIONER(S): ----------------------- THREE STAR ENGINEERING WORKS, INDUSTRIAL ESTATE, UMAYANALLOOR, KOLLAM-691 589, REPRESENTED BY ITS MANAGING PARTNER, VINAYAN, S/O.SARGADHARAN, SREENIKETHAN, POOTHAKKULAM, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED (SIDCO), P.B.NO.50, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 3. THE ESTATE MANAGER, SIDCO, UMAYANALLOOR INDUSTRIAL ESTATE, UMAYANALLOOR, KOLLAM DISTRICT-691 589. R1 BY GOVT. PLEADER SMT.M.J. RAJASREE. R2 BY ADV. MR.R.T. PRADEEP, SC, SIDCO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 31882 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: A TRUE PHOTOCOPY OF THE PARTNERSHIP DEED DATED 3-10-1979. EXHIBIT P2: A TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT ALLOTTING THE SHED DATED 24-12-1993. EXHIBIT P3: A TRUE PHOTOCOPY OF THE NOTICE DATED 5-5-2003 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXHIBIT P4: A TRUE PHOTOCOPY OF THE REPLY SENT TO THE 3RD RESPONDENT BY THE PETITIONER DATED 3-6-2003. EXHIBIT P5: A TRUE PHOTOCOPY OF THE NOTICE DATED 20-2-2006 GIVEN BY THE 2ND RESPONDENT. EXHIBIT P6: A TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 27-2-2006. EXHIBIT P7: A TRUE PHOTOCOPY OF THE LETTER DATED 8-7-2006 ISSUED BY THE PETITIONER TO 2ND RESPONDENT. EXHIBIT P8: A TRUE COPY OF THE LETTER DATED 4-1-2007 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P9: A TRUE PHOTOCOPY OF THE CIRCULAR DATED 28-9-2009 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P10: A TRUE PHOTOCOPY OF THE PARTNERSHIP AGREEMENT DATED 17-6-2009. EXHIBIT P11: A TRUE PHOTOCOPY OF THE FORWARDING LETTER ISSUED BY THE PETITIONER DATED 7-6-2009. EXHIBIT P12: A TRUE PHOTOCOPY OF THE LETTER WITH SITE PLAN ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT 10-7-2009. EXHIBIT P13: A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 5-8-2011. EXHIBIT P14: A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 12-10-2011. EXHIBIT P15: A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 31-8-2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// rs P.A. TO JUDGE ANTONY DOMINIC, J ....................................................... W.P.(C).31882/2011 .............................................. Dated this the 30th day of November, 2011 JUDGMENT The claim of the petitioner is for allotment of 249.78 Sq.Mtrs of land in the Industrial Estate at Umayanalloor in Kollam District. According to the petitioner, by Ext.P2, the aforesaid plot of land along with 347.76 Sq.mtrs, was allotted to them. Therefore, petitioner submits that giving the benefit of Ext.P9(2), the land should be allotted to them, at the rate that was prevailing at the time when the allotment of 347.76 Sq.metrs of land was allotted along with simple interest at the rate of 6%. However, it is seen that by Ext.P2, though the land in question was also allotted to the petitioner, they did not comply with the conditions as a result of which, petitioner lost the benefit thereof. Subsequently, by Ext.P5 proceedings dated 20.2.2006 only 347.76 Sq.Metrs of land was sold to the petitioner on an alternate sale basis. Thus, the petitioner lost their claim over 249.78 Sq. Metrs of land mentioned above. 2. However, from Ext.P15 dated 31.8.2011, it is seen that the Corporation itself has offered the petitioner to sell the land at the W.P.(C).31882/2011 2 price to be fixed by the District Collector. Therefore, it is open to the petitioner to take advantage of Ext.P15. If the petitioner wants to avail of the same, they may approach the third respondent which shall be done within four weeks from today, in which event the benefit thereof will be given to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge