IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 24853 of 2008(H) -------------------------- PETITIONER: ------------ AGASTYA BIO-PHARM INDIA LTD., REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, PROF. D. ARAVINDAKSHAN, HAVING ITS CORPORATE OFFICE AT CHAVARA P.O., KOLLAM DISTRICT. BY ADV. SRI.N.VIMALAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMEBT OF KERALA, INDUSTRIES (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD. 4. THE DIRECTOR OF INDUSTRIES, AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. DIRECTOR, RAJIV GANDHI CENTRE FOR BIO-TECHNOLOGY, THIRUVANANTHAPURAM. 6. DIRECTOR, TROPICAL BOTANICAL GARDEN AND RESEARH INSTITUTE, PALODE P.O., THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.24853 of 2008 ================== Dated this the 18th day of August, 2008 J U D G M E N T The petitioner challenges Ext.P5 order passed by the Government, whereby the petitioner's request for allotment of land for a Research and Development Unit of their proposed factory has been rejected on the ground that the project is not viable. According to the petitioner, Ext.P5 order has been passed on the basis of the recommendations of respondents 5 and 6, who do not have appropriate expertise to asses the viability of the petitioner's unit. He would also submit that the 1st respondent has been influenced by a lobby which is against the coming up of the petitioner's company, which would be a competition for the lobby who is also operating in the same field. 2. I have considered the contentions of the petitioner in the writ petition. 3. I have gone through Ext.P5 order which comprises of four pages wherein very cogent reasons have been given as to why the Government do not think that the petitioner's unit is w.p.c.24853/08 2 viable. The petitioner has not been able to satisfy me that while passing Ext.P5 order the Government has been moved by irrelevant considerations. The allegations of malafides have not been supported by any materials whatsoever on record except that the managing director of the petitioner company has been attacked by somebody. Considering the reasons mentioned in Ext.P5 I do not find any reason to interfere with the same especially since the same is in the matter of allotment of Government land. Accordingly, the writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge