IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WA.No. 2819 of 2009() --------------------- WPC.32270/2009 Dated 13/11/2009 APPELLANT: PETITIONER ------------------------ V. RAJEEV, PROPRIETOR, SOUTH INDIAN REFRACTORIES, FUNCTIONAL INDUSTRIAL ESTATE FOR CERAMICS, KOLLAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENTS: RESPONDENTS -------------------------- 1. THE SECRETARY TO GOVERNMENT, REVENUE (S) DEPARTMENT, TRIVANDRUM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA, TRIVANDRUM. 3. THE KERALA STATE SMALL INDUSTRIES DEVELOPMENT AND EMPLOYMENT COMPANY LTD (SIDCO), TRIVANDRUM. 4. THE MANAGING DIRECTOR, KERALA CERAMICS LIMITED, KUNDARA, KOLLAM. ADV. SRI.E.K.NANDAKUMAR FOR R4 SRI.A.K.JAYASANKAR NAMBIAR FOR R4 SRI.P.BENNY THOMAS FOR R4 SRI.P.GOPINATH FOR R4 SR. GOVT. PLEADER SRI. R. LAKSHMINARAYAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = == = = = = W.A. NO. 2819 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 4TH DAY OF JANUARY, 2010. J U D G M E N T Raman, J. Pursuant to Ext.P5, petitioner preferred Ext.P7 before the Government, which is still pending. In the meantime, notice was issued for eviction as per Ext.P8. Hence the petitioner approached this Court by filing W.P.(C) 32270/2009, inter alia contending that in one way or other, the representation Ext.P7 ought to have been disposed of before taking action as is done by Ext.P8. Learned single Judge, however, found that there was no direction in Ext.P5 judgment to dispose of the representation, if any, filed and hence declined to grant any relief. 2. We have heard the parties. When this Court made an observation that if the petitioner wants to purchase the property, he can approach the Government and he having approached the Government by filing Ext.P7, it is only proper that Ext.P7 be disposed of in accordance with law before proceeding with Ext.P8. Ext.P8 shall be kept in abeyance till such time Ext.P7 is disposed of, which will be done at any WA 2819/2009 2 rate, within a period of six weeks after hearing all the parties. However, we are not expressing any opinion on the merits of the representation Ext.P7. The writ appeal is disposed of . P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. KNC/-