IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24988 of 2009(P) -------------------------- PETITIONER(S): --------------- M/S.JAISHREE DYE-CHEM PRIVATE LTD., REP. BY ITS DIRECTOR, K.T.RAJAGOPALAN, INDUSTRIAL DEVELOPMENT AREA, PUDUSSERY, KANJIKODE, PALAKKAD. BY ADVS. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT INDUSTRIES CENTRE, REP. BY ITS GENERAL MANAGER, PALAKKAD. 3. MR.JAYACHANDRAN, C/O.AISWARYA HERBAL, MITHINAPILLY TEMPLE ROAD (EAST END), OPPOSITE SACRED HEART SCHOOL, CHEMBUKAVU, THRISSUR. R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Shg/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 24988 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 28th day of August 2009. JUDGMENT Petitioner, a Company incorporated under the Companies Act, 1956 is in possession of a land allotted by the District Industrial Centre, in the Industrial Development area at Kanjikode. It is engaged in the manufacture of textile dyes, whitening agents and pigments. Ext.P1 shows that apart from the person who has signed and verified the pleadings, there is another Director. Third respondent is one of the brothers of a Director. Third respondent, is not otherwise associated with the Company, according to the petitioner. 2. It is contended that the Company has put up 4 buildings in the land having an extent of 1.10 acres alloted to it. Company is functional. While so, on the allegation that no manufacturing activities are taking place in the factory and that the land alloted has not been utilized and on the basis of a site inspection, by Ext.P7 the General Manager, District Industries Centre ordered resumption of the land. This is followed by Ext.P8, a W.P.(C). No. 24988 OF 2009 2 communication addressed to the third respondent requiring him to remove the assets of the land within 15 days. Exts. P7 and P8 have been challenged in the writ petition. 3. When the matter came up for admission, I took note of Ext.P9 representation submitted by the Director of the petitioner inter alia pointing out that the order of resumption is without notice to the allottee and the third respondent is not competent to represent the petitioner Company. The order of resumption is therefore vitiated for the reason that it has been passed without hearing the competent person. 4. I heard Mr. V.Chitambaresh, learned Senior Counsel and the learned Senior Government Pleader Mr. P.Narayanan on this aspect. 5. I am of the view that it is appropriate that the question of resumption for non utilization of the land allotted should be reconsidered with notice to the affected persons. In these circumstances, notice has not been issued to the third respondent in this writ petition, since at any rate he cannot have any grievance as regards the continuance of operation by the petitioner, I take note of the fact that petitioner has asserted in W.P.(C). No. 24988 OF 2009 3 Ext.P9 that the third respondent has no association with the petitioner Company. 6. Accordingly, Exts.P7 and P8 are set aside. The second respondent shall issue fresh notice to the petitioner within one month from the date of receipt of a copy of this judgment detailing the grounds for resuming possession of the plot allotted to the petitioner. Petitioner shall be given three weeks time to submit it's objections. 7. Second respondent shall conduct fresh site inspection with notice to the petitioner and the petitioner shall give the name and address of the Director who is competent to represent the petitioner, in a representation to be submitted along with the copy of the judgment. Fresh orders shall thereafter be passed by the second respondent after hearing the petitioner. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/