IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 25585 of 2010(W) -------------------------- PETITIONER(S): --------------- B.CHANDRAN, M/S. ARAB OIL AND CHEMICALS, INDUSTRIAL ESTATE UMAYANALLOOR,KOLLAM. BY ADV. SRI.SERGI JOSEPH THOMAS SRI.S.AJAY KUMAR RESPONDENT(S): --------------- 1. KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED, P.B.NO.50, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE SENIOR MANAGER (IE) P.B.NO.50, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE GENERAL MANAGER(F), P.B.NO.50, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE ESTATE MANAGER, INDUSTRIAL ESTATE, UMAYANALLOOR,KOLLAM. ADV. SRI.R.T.PRADEEP FOR R , STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRIJAGAN, J. --------------------------------------- W.P.(C) No.25585 of 2010 --------------------------------------- Dated this the 13th day of August, 2010 J U D G M E N T ........................... Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent. 2. The petitioner is aggrieved by Exhibit P9 order of the first respondent wherein a plot allotted to the petitioner in Industrial Estate, Umayanalloor has been ordered to be resumed on the ground that the petitioner has not put the plot allotted, to the use for which the same was allotted. 3. The petitioner's contention is that the petitioner has been and is still using the plot for the purpose of running an industry. In reply to Exhibit P4 show cause notice the petitioner has submitted Exhibit P5. It is submitted by the petitioner in Exhibit P5 that for small periods the unit have to be temporarily closed and at other times the unit works even during nights, which depends on the availability of W.P.(C) No.25585 of 2010 2 work. According to the petitioner, he supplies oil manufactured in the unit to other units in the very same Industrial Estate itself and therefore the finding that the petitioner had not used the plot for the purpose for which it was allotted is totally unsustainable. 4. The learned standing counsel for the respondents submits that it is after considering all the contentions of the petitioner and finding the same to be incorrect, Exhibit P9 order has been passed. 5. I have considered the rival contentions in detail. I find that in Exhibit P5 reply to the show cause notice issued to the petitioner, the petitioner has specifically stated that the unit is presently functioning. It is stated therein that the petitioner manufactures oil for one month continuously in which case only they can make a profit. When the petitioner goes out for sale of the processed oil the unit would be temporarily closed. It is further stated in Exhibit P5 that at other times during holidays also there would be work in the unit and even during night when work is W.P.(C) No.25585 of 2010 3 available. It is specifically stated that the petitioner supplies oil manufactured in the unit to other units in the industrial estate itself. It is further stated therein that on some days the unit works during the whole night till morning. On a reading of Exhibit P5, I do not find any consideration whatsoever of the said averments in Exhibit P5 reply. There is no mention as to why the petitioner's contention in Exhibit P5 cannot be accepted. Therefore, I am satisfied that Exhibit P9 is unsustainable for non- application of mind. Accordingly the same is quashed. The first respondent is directed to reconsider the matter in its right perspective giving reasons as to why the petitioner's explanation is not acceptable. I make it clear that further consideration shall be only after affording the petitioner an opportunity of being heard. The writ petition is disposed of accordingly. S.SIRIJAGAN, JUDGE. rkc