IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 33356 of 2009(L) -------------------------- PETITIONER(S): --------------- GEETHA VENUGOPAL, W/O. VENUGOPAL, AGED 40 YEARS, RESIDING AT MANNATHAZHATHU HOUSE, VELIYANNOOR ROAD, TRICHUR DISTRICT. BY ADV. SRI.R.S.KALKURA RESPONDENT(S): --------------- 1. KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., P.B.NO.50, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., P.B.NO.50, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. ADV. SRI.R.T.PRADEEP FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, ALONG WITH WPC NO. 33357 OF 2009 WPC NO. 33358 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 33356, 33357 & 33358 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= Dated this, the 9th day of June, 2010. J U D G M E N T The petitioners in these three writ petitions are persons to whom the 1st respondent has allotted plots for starting an industry. The petitioners grievance is that despite complying with the conditions for such allotment, the petitioners are not being put in possession of the plots so allotted. The petitioners therefore seek a direction to the respondents to hand over possession of the plots allotted to the respective petitioners, after measuring out the properties and fixing the boundaries thereof. 2. The contention of respondents is that in respect of these plots a suit was pending and therefore the respondents could give possession only subject to the result of the suit. Only because the petitioners refused to have it endorsed in the allotment letter that the allotment is subject to the result of the suit, possession could not be handed over. Counsel now submits that the suit has been decreed in favour of the respondents, but an appeal is pending. He also submits that the petitioners have agreed for endorsement of the fact that the allotment is subject to the result of that case in the allotment letter. In view of the said agreement, counsel for the respondents submits that subject to the said condition, possession of the plots can be handed over to the petitioners. This course is agreeable to the petitioners also. In view of the above submissions, these writ petitions are disposed of with a direction to the respondents to hand over possession of the allotted plots to the petitioners, after endorsing in W.P.C. No.33356/09 etc. -: 2 :- the allotment letters that the allotment is subject to the result of the appeal pending in respect of such plots, for which the petitioners shall produce the allotment letter before the 2nd respondent. The possession shall be handed over within one month, after measurement and demarcation of the boundaries. These writ petitions are disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/