IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 20424 of 2010(C) -------------------------------- PETITIONER: -------------- M/S. ALLOYS ENGINEERS (P) LTD., VADAKEVILA.P.O., KOLLAM REPRESENTED BY ITS DIRECTOR MANOJ BALAN. BY MR.S.SANTHOSH KUMAR, ADVOCATE. MS.P.LISSY JOSE, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., HOUSING BOARD BUILDING, SANTHI NAGAR,THIRUVANANTHAPURAM-695001. REPRESENTING BY ITS MANAGING DIRECTOR. BY MR.R.T. PRADEEP, SC FOR SIDCO. MR.P. NARAYANAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20424 OF 2010 --------------------------------------- Dated this the 9th day of July, 2010. J U D G M E N T The petitioner-Company is one incorporated under the Companies Act and is having a manufacturing unit in Eravipuram. The unit is an export oriented one. Since the premises is a rented one, they applied in the year 2005 before the 3rd respondent KSIDC for allotment of land on outright purchase basis in the Industrial Estate of the Corporation at Umayanalloor, Kollam. Accordingly, by Exhibit P4 proceedings, the land was allotted by the 3rd respondent. Exhibit P4(a) is another proceedings whereby an additional extent of land measuring 12.37 cents lying adjoining to the land earlier allotted was also allotted to them. The total amount payable by the petitioner was Rs.10,16,550/- which was paid also. 2. By Exhibits P5 and P5(a), the land was conveyed to the petitioner. Exhibits P7 and P7(a) are the sanction letters to put up compound wall and factory building which, according to the W.P.(C) No.20424/2010 2 petitioner, have been complied with by constructing a compound wall as well as construction of a major portion of the factory building. Exhibit P9 is the power allocation sanction letter of the Electricity Board. 3. According to the petitioner, 80% of the construction is over and because of the sudden slump in the income from their business, they could not complete the construction. It is pointed out that global recession has contributed to the same. It appears that the 3rd respondent has taken steps to resume the land by issuing Exhibit P10 notice which was replied as per Exhibit P11. 4. Rejecting the explanation, final notice was issued as per Exhibit P12 which prompted the petitioner to submit a further explanation as per Exhibit P13. Exhibit P14 is the copy of the resumption order. The petitioner thereafter moved the Government by filing Exhibit P15 petition, and Exhibit P16 is a petition filed before the 3rd respondent to review the order. 5. Heard the learned counsel for the 3rd respondent and the learned Government Pleader appearing for the Government. It is submitted by the learned counsel for the 3rd respondent that the W.P.(C) No.20424/2010 3 request made in Exhibits P15 and P16 is to grant six months more time to complete the work of the factory building and to commence the business which course is agreeable for the 3rd respondent. It is further submitted by the learned counsel for the 3rd respondent that the petitioner will have to complete the work within the above stipulated period. It is also submitted that the petitioner actually wanted to transfer the property to another entrepreneur which was not allowed by the 3rd respondent. Since the 3rd respondent is agreeable to grant six months more time, the writ petition is disposed of directing that the resumption order will not be implemented for a period of six months from today. This will be on condition that the petitioner will complete the construction work and commence the business within the above period of six months. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp