IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 18709 of 2006(B) ----------------------------------------- PETITIONER: -------------------- M/S.KAROTHUKUZHY PLASTICS (P) LTD., INDUSTRIAL DEVELOPMENT AREA,EARUMATHALA P.O., ALUVA. REPRESENTED BY IT'S MANAGING DIRECTOR- K.K.IBRAHIM. BY ADV. SRI.M.M.SAIDU MUHAMMED SRI.P.A.SHAJI SAMAD RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM, KAKKANADU. 4. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE,ERNAKULAM. R1 TO R4 BY GOVERNMENT PLEADER SRI. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18709/2006 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COVERING LETTER DTD. 15/11/1999 OF THE PETITIONER FORWARDING THE APPLICATION FOR ASSIGNMENT. EXT.P2: COPY OF THE LETTER DTD. 05/08/2003 SENT BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF LETTER DTD. 05/08/2003 OF THE 4TH RESPONDENT TO THE TAHSILDAR, ALUVA. EXT.P4: COPY OF THE LETTER DTD. 11/10/2004 SENT BY THE 4TH RESPONDENT TO THE TAHSILDAR, ALUVA. EXT.P5: COPY OF A LETTER DTD.22/10/2005 ISSUED BY THE 4TH RESPONDENT TO THE TAHSILDAR, ALUVA. EXT.P6: COPY OF THE LETTER DTD. 22/10/2005 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P7: COPY OF THE LETTER DTD. 09/01/2006 ISSUED BY THE 4TH RESPONDENT TO THE TAHSILDAR, ALUVA. EXT.P8: COPY OF A LETTER DTD. 24/04/2006 SENT BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P9: COPY OF THE LETTER DTD. 06/06/2006 OF THE 4TH RESPONDENT FORWARDING THE CHELAN TO THE PETITIONER. EXT.P10&P10(A): COPY OF TREASURY RECEIPT DTD. 27/06/2006 FOR RS.27,407/- AND RS.11,728/-. EXT.P11: COPY OF LETTER DTD. 04/03/2005 OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT, DISTRICT COLLECTOR. EXT.P12: COPY OF THE LETTER DTD. 09/08/2005 SENT BY THE PETITIONER TO THE DIRECTOR OF INDUSTRIES AND COMMERCE. EXT.P13: COPY OF THE LETTER DTD. 04/08/2005 ISSUED FROM THE SIDBI TO THE PETITIONER. EXT.P14: COPY OF LETTER NO.B2/9156/94, DTD. 19/04/2007 OF THE 4TH RESPONDENT ADDRESSED TO THE DIRECTOR OF INDUSTRIES AND COMMERCE. EXT.P15: COPY OF LETTER NO.IDI/28100/01 DTD. 18/05/2007 OF THE DIRECTOR OF INDUSTRIES AND COMMERCE ADDRESSED TO THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES (F) DEPARTMENT. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------------- W.P.(C) No.18709 of 2006 ------------------------------------------- Dated this the 21st day of January, 2008 JUDGMENT The petitioner submits that an extent of 20 cents of land at Aluva was allotted to it for industrial purposes. Subsequently, the petitioner applied for its assignment and that application was forwarded to the 4th respondent under cover of Ext.P1. It would appear that from that a final decision in the matter was not taken for want of valuation certificate from the revenue officers and this is disclosed by Exts. P3, P4, P5, P7 and P11. Subsequently, the petitioner has produced Exts.P14 and P15 along with I.A.No.669 of 2008 before this Court. From these documents it is seen that the District Collector has already submitted the valuation statement and value of the land has been fixed at Rs.66,638/- per Are. 2. Now that valuation statement has also been submitted by the District Collector, there should be no further impediment on the way of the respondent No.2 in considering the application made by the petitioner for assignment of land in accordance with WPC18709/2006 2 the rules that are prevailing. Therefore, I direct that the first respondent, Secretary to Revenue Department, Thiruvananthapuram, shall consider the application submitted by the petitioner for assignment of land if the said application has been received and is pending before the said authority. If the application is pending as above, the first respondent shall take a decision within a period of eight weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE csl