IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 19875 of 2004(N) -------------------------- PETITIONER: ------------ MONY MADHAVAN, VIRUTHIYIL HOUSE, POOVANTHURUTHU, P.O.KOTTAYAM. BY ADV. SRI.V.K.SUNIL RESPONDENTS: ------------- 1. THE INDUSTRIES CENTRE, STATE OF KERALA, REP. BY ITS DIRECTOR. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM. 3. THE KERALA STATE SMALL SCALE DEVELOPMENT CORPOPRATION, REP. BY MANAGING DIRECTOR, KERALA STATE SMALL SCALE DEVELOPMENT CORPROATION, THIRUVANANTHAPURAM. BY ADV. SRI.M.A.MANHU, SC KSIDC GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19875/2004. APPENDIX PETITIONER'S EXTS: P1: COPY OF THE LETTER NO.B3-5953/93/Ldis DATED 29.11.1993. P2: COPY OF THE LETTER NO.B8-3393/93 DT.15.07.1994 ISSUED BY THE 2ND RESPONDENT TO THE BRANCH MANAGER KFC. P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE 1ST RESPONDENT DT.28.8.2001. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE CHIEF MINISTER OF KERALA DT.30.06.2001. P5: COPY OF THE LETTER NO.B1/389/03 DT.27.12.2003 ISSUED BY THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE. KURIAN JOSEPH, J. --------------------------------------- W.P.(c) No. 19875 OF 2004 --------------------------------------- Dated this the 28th day of March, 2008. J U D G M E N T The writ petition is filed with the following prayers: i) To issue a writ of mandamus or other appropriate writ, direction or order of this Honourable Court directing the respondents to issue the petitioner a pattayam on transfer of registry in respect of the property mentioned in Ext.P1 and assigned to her under it. ii) To issue a writ of mandamus directing the respondents to repair the work shed allotted to the petitioner and to demarcate the property by conducting an actual survey and measurement of the same forthwith. In the counter affidavit filed by the 1st respondent it is stated as follows: Since the shed is allotted to the petitioner on monthly rental basis, the petitioner is not entitled to get title deed in respect of the shed and is not eligible to get Pattayam to the land or shed. The general category allottees are arranging finance by remitting value of the land. They can mortgage the land if the full cost of land value is remitted or to the extent remitted towards land value. It is further stated in the counter affidavit that “After converting the land at Development Plot Poovanthuruth in favour of Government and fulfilling the terms and conditions of land assignment, land can be assigned and Pattayam can be issued to the allottees, either SC/ST or general category who paid the land value in full. There is no discrimination among SC/ST categories and general categories; all are eligible to acquire land in the Development Plot on hire purchase basis or on outright purchase basis. Therefore, it is for the petitioner to approach the 2nd respondent for appropriate action in the light of the stand taken in the counter affidavit. On the petitioner thus approaching the 2nd respondent subject to the fulfillment of the condition, appropriate action in the matter will be taken within another three months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps