IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WA.No. 843 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13197/2010 Dated 17/05/2010 .................... APPELLANTS/PETITIONER ------------------------------------ 1. N.S.INDUSTRIES,16/284,MAMBARA, KODULTHIRAPPULLY,PALAKKAD,REP.BY ITS MANAGING PARTNER,S.ISSAK. 2. S.ISSAK,RESIDING AT AVINASHI HOUSE, MAMBARA KODULTHIRAPPULY,PALAKKAD-687 004. BY ADV. SRI.H.BADARUDDIN SMT.B.SHAMEERA RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. STATE OF KERALA,REP.BY ITS CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES, STATE OF KERALA,THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE,PALAKKAD. BY GOVERNMENT PLEADER SMT. K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. --------------------------- W.A No. 843 OF 2010 -------------------------- Dated this the 28th day of May, 2010 J U D G M E N T Ramachandran Nair, J. The only contention of the appellants is that delay in setting up the industry in the industrial plot alloted to them is not fully attributable by them because even the Pollution Control Board took several months time for granting approval to them. Learned Government Pleader submitted that the plot was allotted to the appellants on 17.6.2008 and the time for completion of the project was six months, which is over long back. In spite of granting three extensions, the appellants have not set up the industry. The learned government Pleader further pointed out that in respect of the similar allottees who have committed default, the land is resumed. 2. Even though in principle we uphold the right of the Government to resume the land on account of the default by the allottee in setting up the industry in spite of repeated extension of time granted, in view of the fact that the appellants have taken pollution clearance and the counsel has submitted that the W.A..No.843/2010 2 appellants have placed orders for the machinery and that the foundation is also constructed, we feel three month's time can be granted from now to the appellants to set up the industry in terms of the allotment. However if the appellants do not do the same, then the respondents will be free to repossess the land treating the allotment as cancelled. The writ appeal is disposed of as above. C.N.RAMACHANDRAN NAIR (JUDGE ) P.S.GOPINATHAN (JUDGE ) vps W.A..No.843/2010 3 W.A..No.843/2010 4