IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 17126 of 2006(L) -------------------------- PETITIONER(S): --------------- T.C.SHAMSUDHEEN, PROPRIETOR, M/S.DANDY SHOE COMPANY, 545 B, INDUSTRIAL DEVELOPMENT PLOT, ANDOOR, POST PARASSINIKADAVU. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KANNUR. BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE CERTIFICATE DATED 27.3.1995 ISSUED BY THE THIRD RESPONDENT. EXT.P2 PHOTOCOPY OF THE AGREEMENT DATED 17.1.1997 EXECUTED BY THE PETITIONER. EXT.P3 PHOTOCOPY OF THE REPRESENTATION DATED 14.7.1999 MADE ON BEHALF OF THE PETITIONER. EXT.P4 PHOTOCOPY OF THE LETTER DATED 19.2.2000 SENT BY THE THIRD RESPONDENT. EXT.P5 PHOTOCOPY OF THE REPRESENTATION DATED 30.11.2005 SUBMITTED BEFORE THE THIRD RESPONDENT. EXT.P6 PHOTOCOPY OF THE REPRESENTATION FILED BEFORE THE THEN HON'BLE MINISTER FOR INDUSTRIES DATED 22.12.2005 EXT.P7 COPY OF THE APPLICATION DATED 31.5.2006 FOR STARTING A NEW PRODUCTS. EXT.P7(a) PHOTOCOPY OF THE RECEIPT DATED 31.5.2006 EVIDENCING PAYMENT OF FEE. EXT.P8 PHOTOCOPY OF THE PETITION DATED 1.8.2006 TO THE THIRD RESPONDENT. EXT.P9 PHOTOCOPY OF THE REPRESENTATION DATED 24.4.2006 SUBMITTED TO THE DIRECTOR OF INDUSTRIES AND COMMERCE ON BEHALF OF THE PETITIONER. EXT.P10 PHOTOCOPY OF THE REPRESENTATION FILED BEFORE THE HON'BLE CHIEF MINISTER OF KERALA ;BY THE ASSOCIATION DATED 24.4.2006 RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF G.O.(MS) NO. 297/70/ID DATED 24.8.1970. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 17126 OF 2006 -------------------------------------------- Dated this the 3rd day of June, 2009 JUDGMENT W.P. is filed for direction to respondents to permit the petitioner to start another industrial unit in the land allotted to the petitioner. Government Pleader submitted that petitioner closed the existing unit in 2001 and he is already in arrears to various Government agencies and is facing revenue recovery. I do not think a defaulter of petitioner's type and a person who has failed to run an existing industry, can be permitted to start another industry in the Government land. W.P. is therefore dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2