RAMACHANDRAN NAIR K P S/O K PRABHAKARAN NAIR Vs. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Exts.P4 and P13, whereby the permission sought for by the petitioner to transfer the land in favour of a third person is declined by stating that petitioner is entitled to transfer, however, on lease arrangement, and the transferee is to execute a lease in favour of the statutory authority. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner was allotted with an industrial plot on 26.06.1979. According to the petitioner, the document in respect of the allotment was lost and thereupon, petitioner submitted a fresh application, to which, Ext.P1 is issued, which is a document recognizing the allotment of the plot to the petitioner. Thereafter, Ext.P2 agreement was executed by and between the parties, wherein Clauses 10 and 11 read as follows:

(3.) In accordance with the said covenants, petitioner has applied for patta and as per the application, Ext.P15 recommendation was made by the Director of Industries & Commerce. However, patta is not issued so far. Petitioner has submitted Ext.P3 application for permission to transfer the plot to a third person. However, the same was declined as per Ext.P4 order, which is re-affirmed as per Ext.P13 order. It is in this background, this writ petition is filed by the petitioner seeking the following reliefs: