IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34232 of 2008(A) -------------------------- PETITIONER(S): --------------- M/S.FILATEX VECHUKUNNEL (PVT.)LTD. A BODY CORPORATE CONSTITUTED AND FUNCTIONING UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT KANJIRAPPALLY AND ITS ADMINISTRATIVE OFFICE AT PLOT NO.75, INDUSTRIAL AREA, VELI TITANIUM PO., TRIVANDRUM-695021., BY ADV. SRI.R.S.KALKURA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, PALAKKAD. 4. SPECIAL TAHSILDAR (LAND ACQUISITION) KINFRA, PALAKKAD. 5. KERALA INDUSTRIAL INFRASTRUCTURAL DEVELOPMENT CORPORATION (KINFRA), KINFRA HOUSE ANNEX, TC.9/2585, ELANKOM GARDENS VELLAYAMBALAM, TRIVANDRUM, REP. BY ITS MANAGING DIRECTOR. BY ADV.SRI.G.S.RAGHUNATH GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.34232 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November , 2008 JUDGMENT The grievance of the petitioner which is a company owning factories on properties in Puthussery East village, is that on the basis of Ext.P2 proposal submitted by the 5th respondent KINFRA, their factory building and site are going to be acquired. Drawing my attention to the last portion of Ext.P12 revised proposal submitted by KINFRA, Sri.R.S.Kalkura submitted that the very proposal contains a remark that factory buildings will be excluded on the basis of a joint inspection to be conducted by KINFA. Learned counsel submitted that the Government be directed to dispose of Ext.P13 representation submitted to the Government at the earliest. 2. On behalf of Sri.G.S.Raghunath time was sought for, for getting instructions. Sri.Basant Balaji, learned Government Pleader submitted that Ext.P14 hearing notice will show that the Government has already taken action on Ext.P13. When the attention of Sri.R.S.Kalkura was drawn to Ext.P14, he submitted that though the WPC.No.34232/08 2 petitioner was called for hearing and hearing was conducted, till this moment no decision has been taken by the Government. 3. Under the above circumstances, I am of the view that this writ petition can be disposed of at this stage itself issuing the following directions; If the hearing which was conducted by the Government pursuant to Ext.P14 was attended by the 5th respondent also, the Government will take a decision on the basis of that hearing at the earliest and at any rate within six weeks of receiving a copy of this judgment. If the 5th respondent KINFRA was not a party to that hearing, the Government will arrange another hearing on Ext.P13 in which both the petitioner and the 5th respondent should be allowed to participate. The Government will take decision on the basis of such hearing ( if it is necessary to hold such a hearing ) at the earliest and at any rate within one month of the holding of such a hearing. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.34232/08 2