IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 36135 of 2005(B) -------------------------- PETITIONER(S): --------------- A.R.INDIRA, AGED 55, W/O.LATE SWAMINATHAN, KODASSERY HOUSE, KUTTANELLUR.P.O, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. THE KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., A GOVERNMENT OF KERALA UNDERTAKING, REP. BY ITS MANAGING DIRECTOR, POST BOX NO.50, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 2. THE ESTATE MANAGER, INDUSTRIAL ESTATE, OLLUR, THRISSUR DISTRICT. 3. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.P.FAZIL, SC, SIDCO FOR R1 & R2 R3 BY GOVERNMENT PLEADER SRI. MOHAMMED RAFIQ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF HIRE PURCHASE AGREEMENT BETWEEN THE PETITIONER AND OTHERS AND THE FIRST RESPONDENT DATED 21.4.83 EXT.P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 26.2.2005 EXT.P3 TRUE COPY OF THE OFFICE COMMUNICATION OF THE SECOND RESPONDENT DATED 26.2.2005 EXT.P4 TRUE COPY OF THE JUDGMENT IN OP 7701/1996 DATED 15.3.2002 EXT.P5 TRUE COPY OF THE RECEIPT FOR ISSUANCE OF GROUND RENT ISSUED BY THE RESPONDENTS DATED 19.4.2005 EXT.P6 TRUE COPY OF THE SHOW CAUSE NOTICE GIVEN TO THE PETITIONER DATED 15.7.2005 FROM THE OFFICE OF THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE SENIOR MANAGER OF THE FIRST RESPONDENT DATED 30.7.2005 EXT.P8 TRUE COPY OF THE TERMINATION ORDER ISSUED BY THE FIRST RESPONDENT DATED 16.11.2005 FIRST RESPONDENT'S EXHIBITS: EXT.R1(a) TRUE COPY OF THE LETTER OF ALLOTMENT NO. MIE (2)/ARIMBUR/0547/89 DATED 7.12.1989 EXT.R1(b) THE CORPORATION RULES FOR ALLOTMENT OF SHEDS IN INDUSTRIAL ESTATE, KERALA ON HIRE PURCHASE BASIS 1975 EXT.R1(c) TRUE COPY OF THE SHOW CAUSE NOTICE NO. MIE(m)/AMPR/000547/82 DATED 18.3.1996 ISSUED TO THE PETITIONER. EXT.R1(d) TRUE COPY OF THE LETTER DATED 21.6.1996 ISSUED BY THE PETITIONER. EXT.R1(e) TRUE COPY OF LETTER NO. MIE/TCR/11/85 DATED 15.11.1996 ISSUED TO THE FIRST RESPONDENT BY IT'S ESTATE MANAGER, INDUSTRIAL ESTATE, OLLUR. EXT.R1(f) TRUE COPY OF THE REPORT NO. MIE/ARIMBUR/6/83 DATED 18.6.2002 SUBMITTED TO THE FIRST RESPONDENT BY ITS ESTATE MANAGER, INDUSTRIAL ESTATE, OLLUR. EXT.R1(g) TRUE COPY OF THE REPORT OF THE INSPECTION COMMITTEE DATED 11.4.2005 SUBMITTED TO THE 1ST RESPONDENT. EXT.R1(h) TRUE COPY OF THE LETTER DATED 6.10.2005 ISSUED TO THE FIRST RESPONDENT BY IT'S ESTATE MANAGER, OLLUR. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 36135 OF 2005 -------------------------------------------- Dated this the 30th day of June, 2009 JUDGMENT Petitioner is challenging the order issued by the first respondent cancelling allocation of industrial plot to her late husband, who was the original allottee. Counsel for the first respondent submitted that cancellation is on account of non-utilisation of the land for industrial purpose for long period. Even though first respondent will be justified in cancelling the lease for want of utilisation of allotted land, it is conceded that for the last one year industry is run by the petitioner, who is the widow of the deceased allottee. W.P. is therefore disposed of directing the first respondent to reconsider the allotment of plot on lease to the petitioner, if she is running the industry as of now in accordance with current norms. Termination order is therefore cancelled for this purpose. (C.N. RAMACHANDRAN NAIR) Judge kk 2