IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 22424 of 2010(C) ---------------------------------- PETITIONER(S): --------------- K.T.BABY, MUTTATH STARCH PRODUCTS, INDUSTRIAL ESTATE, OLAVAKKODE, PALAKKAD DISTRICT. BY ADV. MR.P.K.SURESH KUMAR MRS.N.N.PRASEEDA RESPONDENT(S): ------------------- 1. GENERAL MANAGER, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 2. KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001, REP. BY ITS MANAGING DIRECTOR. 3. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01. BY ADV. MR. P. NARAYANAN – GOVERNMENT PLEADER. ADV. MR. R.T. PRADEEP - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.22424 OF 2010 ------------------------------- Dated this the 19th day of July, 2010 J U D G M E N T The petitioner has been allotted a shed in an industrial estate. For the same, she was liable to pay the purchase price. She did not pay the same. Now Ext.P7 order has been passed terminating the allotment and directing resumption of the shed. The petitioner's contention is that by Ext.P5, the petitioner has approached the General Manager of the District Industries Centre for reduction of the amount payable by the petitioner for the shed in question and therefore, until that petition is disposed of, the petitioner cannot be forced to pay the amount. 2. I have heard the learned Standing Counsel appearing for respondents 1 and 2 and the learned Government Pleader appearing for the third respondent. 3. Having entered into an agreement for payment of certain amounts for the allotment of shed, the petitioner cannot now contend that respondents 1 and 2 should wait till her petition W.P.(c)No.22424/10 2 before the General Manager of District Industries Centre is finally disposed of. Admittedly, the payment of the amount as per the agreement has not been made. If that be so, respondents 1 and 2 cannot be faulted with for taking further proceedings for such non-payment. In view of the above opinion of the court, the learned counsel for the petitioner confines his relief for a direction to give one month's time to pay the amount demanded from the petitioner, with a further prayer that if in the meantime the petitioner succeeds in getting the amount reduced by pursuing Ext.P5 petition, the petitioner may be permitted to pay that amount only. Taking a lenient view, I direct respondents 1 and 2 to give the petitioner one month's time from today to pay the amount or if she succeeds in getting the amount reduced by pursuing Ext.P5 petition, that reduced amount shall be paid within the said period of one month. If the petitioner does not pay the amount within that time, it would be open to respondents 1 and 2 to take further steps pursuant to Ext.P7. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.22424/10 3 W.P.(c)No.22424/10 4