PADMABALAJI ALLOYS PVT.LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) Captioned writ appeal is preferred by the petitioner in the writ petition challenging the judgment in W.P.(C) No.9987/2018 dated 13.8.2020, whereby a learned Single Judge dismissed the writ petition and declined to interfere with Ext.P13 proceedings of the General Manager, District Industries Centre, Palakkad dated 5.2.2017, whereby an extent of 7.85 acres of land allotted to the writ petitioner in the industrial area was resumed to the Government. It is thus challenging the correctness and legality of the judgment, this appeal is filed.

(2.) Brief material facts for the disposal of the writ appeal are as follows; the proprietor of M/s. Padmabalaji Alloys Pvt.Ltd. viz., M.Ravichandran was allotted with an extent of 1 acre of land situate in Sy.No.308/1, 3, 4, 5 & 6/Pt. of Pudussery Central Village in accordance with the order of the Government regarding allotment of land and as per proceedings dated 22.12.2001 of the General Manager, District Industries Centre, Palakkad. Accordingly, an agreement was executed by and between the said person and the Government on 28.12.2001. While continuing so proprietor of the concern as per a letter dated 28.5.2002 submitted an application for the purpose of expansion of business by including two other persons as Directors and to convert the proprietary concern to a private limited company. Accordingly 1 acre of land each allotted to the said persons in Sy.No.308/1, 4, 5, 6, 8, 9 parts and Sy.No.308/part 8, 9 were requested to be joined to the property of the proprietary concern.

(3.) Apparently, on the basis of the application submitted by the company, the lands additionally allotted as specified above were allotted in favour of the appellant company and thereafter entered into a rectification agreement dated 2.7.2002m. Later the appellant company requested for allotment of 7.50 acres of land for expansion of the business and considering the said application, an extent of 4.85 acres of land was additionally allotted to the appellant in accordance with the agreement dated 15.7.2004. Evidently from Ext.P13, a show cause notice was issued to the Managing Director of the company as per letter dated 15.12.2006 by the General Manager of the District Industries Centre, Palakkad stating that the 4.85 acres of land allotted to the appellant was found not used for a long period in the inspection conducted from the office and invited for a meeting. The appellant company requested for time, however, according to the General Manager of the District Industries Centre, no effective steps were taken for expansion of the business as promised under a letter dated 22.8.2006.