IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MAY 2010 / 7TH JAYAISHTA 1932 AS.No. 423 of 2000(E) --------------------- OS.489/1991 of PRL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): PLAINTIFF: ------------------------------------------ P.K.SREEDHARA PANICKER, VIJAYASREE, T.C.NO.9/1001, SASTHAMANGALAM, THIRUVANANTHAPURAM-10. (D I E D). *ADDL.A2 TO A4 ARE IMPLEADED: A2. S.VIJAYAKRISHNAN NAIR, S/O.LATE SRI.P.K.SASIDHARA PANICKER, RESIDING AT VIJAYASREE, T.C.NO.9/1001, PANICKERS LANES, THIRUVANANTHAPURAM. A3. S.GOPALAKRISHNAN NAIR, S/O.LATE P.K.SASIDHARA PANICKER, RESIDING AT ...DO..DO..DO.... A4. V.GIRIJA KUMARI, D/O.LATE P.K.SASIDHARA PANICKER, ..DO...DO...DO.... *LEGAL REPRESENTATIVES OF THE DECEASED SOLE APPELLANT ARE IMPLEADED AS ADDL.APPELLANTS 2 TO 4 AS PER ORDER DTD.28/10/09 IN I.A.NO.36/18/09. BY ADV. SRI.M.RAJASEKHARAN NAYAR RESPONDENT(S): DEFENDANTS: ------------------------------------------------- 1. THE GOVT. OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.Krishnan, J. ------------------------------------------ A.S.No. 423 of 2000 ------------------------------------------ Dated this the 28th day of May, 2010 JUDGMENT This is an appeal preferred against the judgment and decree of the Subordinate Judge's Court, Tiruvananthapuram in O.S.No.489 of 1991. The suit is one for damages, re-conveyance of land and recovery of amounts. The suit was dismissed by the court below and it is against that decision the plaintiff has come up in appeal. 2. Heard learned counsel on both sides. The brief facts necessary for the disposal of this appeal are as follows: 3. Plot No.48 in Sy.No.2623 of Kadakampally Village measuring 47.424 cents in the Development Area was allotted to the plaintiff and he had been permitted to run an industrial unit by name Hindustan Ice and Allied Products. In accordance with the terms he started the factory, but on account of the emission of pollution from A.S..No.423 of 2000 - 2 - the neighbouring T.K.Chemicals he could not continue the manufacture of ice and, therefore, he was forced to close it down. At the time of the grant, he had deposited Earnest Money of Rs.2000/- and it is also seen that subsequently he had deposited a sum of Rs.8868.80 as the land value. Since the non-functioning of the industrial unit was on account of the laches on the part of the department, the plaintiff has moved the suit for return of the Earnest Money, for damages of Rs.24000/- and also for re-conveyance of the land. 4. The defendants, on the other hand, would contend that the suit is not maintainable and that though the land had been granted for the purpose of starting an ice factory, after starting the same he had stopped it. When he was asked to submit another revised scheme he did not do anything and further he had closed down the establishment for a period for 11 years and ultimately the Government under the Rules were forced to resume the land, and, therefore, the plaintiff is not entitled to any relief as prayed for. A.S..No.423 of 2000 - 3 - 5. The fact that the appellant had been given this much of land for the purpose of starting an industrial unit is admitted. It is also admitted that he started a factory. It is equally admitted that he had also stopped the factory. He did not do anything with the factory for a period of 11 years. So, after the long lapse of 11 years, the Government was forced to resume the land under the orders governing the allotment of the land, i.e. Ext.B3. The contention that he was not able to run the ice factory on account of the pollution appears to be admitted. But the authorities informed him that he can submit a revised scheme so as to start another unit and waited and waited, but without any result for a period of 11 years. When the governmental land is given to a party for the purpose of industrial development, until and unless the industry is functioning there, it is only imperative on the part of the Government to take back the land and use it appropriately for better governmental purposes. Further, Ext.B3 is the order whereby the Government have resumed the land. The plaintiff A.S..No.423 of 2000 - 4 - has slept over that order and had never pleaded regarding the correctness of the order passed in this suit. Therefore, resumption of the land has become final and nothing could be done now. It is in accordance with law as well. When there is a breach, necessarily, under law, the Earnest Money deposit has to be forfeited which is as per the terms of the contract. Therefore, there also the plaintiff is not entitled to any relief. So far as the damages are concerned, the plaintiff has waited for long years for which he has to blame himself and moreover, I am informed that his action against T.K.Chemicals also did not meet with success and, therefore, the plaintiff cannot claim any damages in this suit. 6. Therefore, I do not find any ground to interfere with the decision of the trial court and, therefore, the appeal is dismissed. However, I feel that the Government have taken a sum of Rs.8868.80 towards the land value. Since they have resumed the land and the plaintiff is deprived of everything including the Earnest Money deposited, I feel that the A.S..No.423 of 2000 - 5 - Department can consider sympathetically, if any claim or petition is made for return of the said amount, but making it clear in accordance with with the regulations and rules governing the same. M.N.Krishnan, Judge vns