IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 20645 of 2009(A) -------------------------- PETITIONER: ------------------ O.GOVINDAN NAIR, S/O.KANNAN NAIR, AGED 81 YEARS, PATHIRIKKATTU HOUSE, NEDIYIRIPPU, MALAPPURAM DISTRICT. BY ADV. MR. BABU S. NAIR RESPONDENTS: --------------------- 1. THE DIRECTOR OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, MALAPPURAM. BY GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI,J. ------------------------- W.P ( C) No. 20645 of 2009 -------------------------- Dated this the 27th July,2009 J U D G M E N T Petitioner, a senior citizen, was allotted 35 cents of industrial area for the purpose of putting up a small single unit as early as in the year 1979. It seems that the petitioner had started a unit by name M/s. Bindu Packers. But the unit fell into bad times. Petitioner was not able to make the payment of instalments in time. Ultiamtely the unit had to be closed. Thereafter, the petitioner had paid the entire purchase price. By Ext.P3 Government accorded sanction to the Director of Industries and Commerce to transfer the ownership of the unit to the petitioner. Accoridngly Ext.P4 document was executed and the ownership of the said land has been conveyed in favour of the petitioner. There is a condition in Ext.P4 which requires the petitioner to obtain the prior consent of the Government if he wants to transfer the property in favour of any other person. Ext.P4 document is executed W.P ( C) No. 20645 of 2009 2 on 26.5.2009. As per Ext.P5 dated dated 6.7.2009, petitioner approached the Director of Industries and Commerce through the General Manger of District Industries Centre for a permission to transfer the property in favour of some other person. This writ petition has been filed seeking appropriate direction in relation to Ext.P5. 2. Learned counsel for the petitioner submits that Ext.P5 is in confirmity with the condition contained in Ext. P4 which requires the petitioner to obtain prior consent of the Government for transferring the property in favour of any other person. 3. In my view, the application so envisaged under Ext.P4, which is only an adaptation of the Rules relating to allotment of land in industrial area, contemplates specific details of the proposed assignee also to be given for the purpose of enabling the Government to take a decision whether to grant sanction for conveyance of the land or not. Accordingly if the petitioner has found a purchaser, the details of such purchaser shall be supplied to the Director of Industries and Commerce along with a W.P ( C) No. 20645 of 2009 3 supplementary representation. Thereupon, the Director shall cause an enquiry to be conducted and thereafter the matter shall be placed before the Government and the Government shall take a decision in accordance with law. Once the details as aforesmentioned are supplied the entire process shall be completed within three months thereafter. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 20645 of 2009 4 W.P ( C) No. 20645 of 2009 5