IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 33217 of 2011(B) -------------------------- PETITIONER: --------------- AGRO METALS PVT.LTD., P.O.VAIDYARANGADI, RAMANATTUKARA, KOZHIKODE, REPRESENTED BY ITS MANAGING DIRECTOR, PALLIYALI SREEDHARAN, AGED 71 YEARS, SON OF KORU, MANGATTUPARAMBIL HOUSE, VAIDYARANGADI P.O., RAMANATTUKARA, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 695001 2. SECRETARY TO THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, TRIVANDRUM. 695001 3. DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, TRIVANDRUM. 695001 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 33217 of 2011(B) ----------------------------------- APPENDIX ------------ PETITIONER'S EXHIBITS ------------------------------ EXT.P1. COPY OF THE LETTER DATED 15.1.1966 BEARING NUMBER 72/63 ISSUED BY THE PROJECT OFFICER, RURAL INDUSTRIES, KOZHIKODE TO THE PETITIONER. EXT.P2. COPY OF THE G.O. (MS) 817/ID/63 DATED 21.11.1963 OF THE INDUSTRIES 'B' DEPARTMENT. EXT.P3. COPY OF THE AGREEMENT DATED 3.4.1967 ENTERED INTO BY THE FIRST RESPONDENT WITH THE PETITIONER. EXT.P4. COPY OF EXHIBIT P3. EXT.P5. NON LIABILITY CERTIFICATE NO.C6-8569/94 DATED MARCH 95 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOZHIKODE TO THE PETITIONER. EXT.P6. COPY OF THE LETTER DATED 20.9.2008 SENT BY THE MANAGING DIRECTOR OF THE COMPANY TO THE THIRD RESPONDENT. EXT.P7. COPY OF THE THIRD RESPONDENT'S REPLY DATED 12.12.2008 BEARING NUMBER I.D.3/19287/08 ISSUED TO THE PETITIONER. EXT.P8. COPY OF THE LETTER DATED 30.12.2008 ISSUED TO THE THIRD RESPONDENT BY THE PETITIONER'S M.D. RESPONDENT'S EXHIBITS : NIL ------------------------------ / TRUE COPY / P.A TO JUDGE VK ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33217 of 2011 ---------------------------------------- Dated this the 13th day of December, 2011 JUDGMENT Petitioner says that based on Ext.P3 hire purchase agreement, a plot of 1 acre of land in Velippuram amsom of Kozhikode was alloted to them for industrial purpose along with machineries. Although with defaults, the entire amount due under hire purchase agreement and the price of machinery and incidental charges have all been paid. In support of this contention Ext.P5 non liability certificate is also referred to. 2. Grievances is that, in spite of document, the respondent have not transferred ownership of the property and the unit to the petitioner. It is with this grievance the writ petition is filed after appropriate orders in the matter. 3. It is seen that this issue was raised by the petitioner by filing Exts.P6 and P8 before the 3rd respondent and that these representations are made unanswered. In the circumstances without expressing anything on the W.P.C.. No. 33217 OF 2011 -2- merits, the writ petition is disposed of, directing the 3rd respondent to consider Exts.P6 and P8 and pass orders thereon. This shall be done, as expeditiously as possible, at any rate within eight weeks of production a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE. Kp/-