IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WA.No. 428 of 2009 --------------------------------- AGAINST THE ORDER IN WPC.2507/2009 DATED 6.2.2009 .................... APPELLANT/PETITIONER ------------------------------------ M/S.VAIGAI THREAD PROCESSORS PVT.LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.55/2, BILVARDAHALLI, JIGNI HOBLI, GOTTIGERE P.O. BANGALORE - 560 083 & UNIT AT KORATTI - 680 308, REP. BY ITS WHOLE TIME DIRECTOR, V.J.PAUL. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE (L) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, THRISSUR. 4. TASILDAR, MUKUNDAPURAM TALUK, IRINJALAKUDA, THRISSUR DISTRICT. 5. DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No. 428 of 2009 ------------------------------------------ Dated, this the 10th day of August, 2009 JUDGMENT Kurian Joseph, J. This is an appeal filed against the interim order of the learned Single Judge dated 6th February, 2009 in W.P.(C) No.2507 of 2009. During the pendency of the writ appeal, we find that an extent of 30 acres has been measured and demarcated as can be seen from the sketch produced by the District Collector along with the memo dated 22.7.2009 filed by the learned Government Pleader. On instruction, the learned counsel for the appellant submits that this 30 acres of property as demarcated in the sketch would not affect the functioning of the Company. 2. In that view of the matter, it is not necessary for us to go into the various contentions taken by the parties since those contentions are to be taken in the writ petition. Hence leaving W.A.No.428 of 2009 - 2 - open all the questions, we close this writ appeal permitting the Government to utilise the 30 acres of land as demarcated in the sketch appended to the memo dated 22.7.2009. Needless to say that further proceedings in respect of the balance area would be subject to the final decision in the writ petition. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns