IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WA.No. 1240 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.1905/2006 Dated 12/02/2009 .................... APPELLANT/PETITIONER: --------------------------- M/S.PIZA CHEMICALS, CHEMICAL INDUSTRIAL ESTATE, AROOR, ALLEPPEY, REP.BY ITS MANAGING PARTNER BINU CHERIAN, RESIDING AT THOMMIKKUDIYIL HOUSE, PAINGOTOOR P.O., (VIA) POTHANICADU, MUVATTUPUZHA. BY ADV.SRI.P.RAVINDRAN SRI.ANIL SIVARAMAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, INDUSTRIES (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ALLEPEY. 3. THE DIRECTOR OF INDUSTRIES & COMMERCE, THIRUVANANTHAPURAM. 4. SHAIJAN.N.J., MUKKATH HOUSE, AROOR VILLAGE, CHERTHALA TALUK. R1 TO R3 BY SR. GOVERNMENT PLEADER, SMT.K.MEERA R4 BY ADV. SRI.BABU KARUKAPADATH. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1240 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 6th day of July, 2009 JUDGMENT Kurian Joseph, J. Writ Petitioner is the appellant. The writ petition was filed challenging Ext.P12 order passed by the 2nd respondent, the General Manager, District Industries Centre, Alappuzha. As per the said impugned order, an extent of 12.075 cents of land with a building in Survey No.408/18-A of Aroor Village situated in Chemical Industrial estate, Aroor, was resumed from one Mr.P.N.Karthikeyan and Mr.A.A. Joseph, partners of the writ petitioner firm and the same was re-allotted to the 4th respondent. The learned Single Judge mainly referring to the Civil cases pending between the parties and also referring to the factual position that the 4th respondent had been in possession of the re-allotted land wherein he had been doing some business, dismissed the writ petition with liberty to the writ petitioner to approach the Government for reimbursement of the amounts already deposited by them in WA No.1240/09 -:2:- accordance with law. 2. Though the learned Senior counsel raised several contentions before this Court, we do not think that this court at this stage need go into all those contentions, in view of the submission that the the writ petitioner/appellant may be granted liberty to approach the Director of Industries and Commerce(3rd respondent), who is the authority according to the writ petitioner, to consider all those aspects. Even otherwise we are inclined to grant liberty since the impugned Ext.P12 is an order passed by the General Manager of District Industries Centre. Therefore, without expressing any opinion as to the merits of the case, we dispose of the writ appeal granting liberty to the writ petitioner/appellant to approach the Director of Industries. In the event of the said authority being approached within a period of one month from today, the Director will look into the matter with notice to the petitioner and the 4th respondent and pass appropriate orders thereon, in accordance with law, untrammelled by any of the observations contained in the WA No.1240/09 -:3:- judgment of the learned Single Judge, within a period of four months thereafter. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb