IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 5893 of 2008(B) ------------------------- PETITIONER: -------------- ENTER TECHNOLOGIES PVT. LTD., 244, NILA, TECHNOPARK CAMPUS, TRIVANDRUM-695 581, REPRESENTED BY ITS MANAGER-ADMINISTRATION, MR.JAYACHANDRAN NAIR R.K. BY ADV. SRI.JOSEPH KODIANTHARA RESPONDENTS: ----------------- 1. M/S. TECHNOPARK, KARIYAVATTOM, TRIVANDRUM-695 581. 2. SECRETARY, INFORMATION TECHNOLOGY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 4. THE DISTRICT COLLECTOR, TRIVANDRUM. 5. DEPUTY TAHSILDAR, REVENUE RECOVERY, TRIVANDRUM. BY ADV. SRI.P.A.AHAMED, SC, TECHNOPARK GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 5893 OF 2008 - B = = = = = = = = = = = = = = = Dated this the 11th day of March, 2008 J U D G M E N T In this writ petition the challenge is against Ext. P22. 2. Ext. P22 is a communication issued by the 1st respondent rejecting Ext. P19 request made by the petitioner for re-scheduling the monthly rental lease into a long term lease of 25 years. Petitioner would contend that following the submission of Ext. P19 the Govt. of Kerala by Ext. P21 directed its consideration and that accordingly the matter was considered by the 1st respondent. By Ext. P22 petitioner was informed that their request was considered in the meeting of the Project Implementation Board and that the request was resolved to be rejected. According to the counsel for the petitioner, their liability under the present arrangement is of Rs.65 lakhs which will get reduced to more than Rs.41 lakhs if Ext. P19 is accepted by the respondents. From this submission, it is evident that even according to the petitioner the defaulted amount W.P.(C) No.5893 OF 2008 - 2 - that is now payable is more than Rs. 40 lakhs. 2. A reading of Ext. P22 shows that no reasons have been stated by the 1st respondent for rejecting the petitioner's request in Ext. P19. Since the 1st respondent is a public sector undertaking amenable to writ jurisdiction of this Court, it is the duty of the 1st respondent to pass orders containing reasons thereof. True, the 1st respondent has through the statement filed offered the reasons to sustain Ext. P22. However, the validity of Ext. P22 has to be judged going by what is stated therein and reasons cannot be supplied through affidavits in order to sustain Ext. P22. Therefore, Ext. P22 has to be held as one passed without application of mind rendering it liable to be quashed by this Court. Accordingly, Ext. P22 will stand quashed and the 1st respondent is directed to re-consider the matter. This, the 1st respondent shall do as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. 3. In the meantime, I direct that the petitioner shall pay the admitted liability of Rs.45 lakhs in 4 equal monthly instalments, the first of which will be payable in the first week of April, 2008 and the W.P.(C) No.5893 OF 2008 - 3 - subsequent instalments will be payable in the first week of every succeeding month. Subject to payment as above, coercive action, if any, against the petitioner shall be deferred. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-