COCHIN CHEMICALS REPRESENTED BY ITS PARTNER Vs. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner challenges Ext.P4 order issued by the 3rd respondent General Manager, District Industries Centre, Ernakulam. According to the petitioner, which is stated to be a partnership firm, it is engaged in the manufacturing of certain specified chemicals and that a plot having an extent of 50 cents in Kadungalloor Village, which is part of the Edayar development area, was allotted to them in the year 1991.

(2.) As per the petitioner, they had executed a hire purchase agreement on 8.5.1991, with the 3rd respondent with respect to the aforementioned plot and that they had remitted its full value. They concede that their business ran into rough weather sometime in the year 2007 and that proceedings had been initiated by the competent Authorities to resume the plot allotted to them in the year 2008, citing the reason that they had not put it to the prescribed use. They assert that it was, however, then found by the competent Authorities that the petitioner's Unit had not been shut down and therefore, that such resumption proceedings were withdrawn.

(3.) The grievance projected in this writ petition is against Ext.P4 order, by which the 3rd respondent has again initiated and concluded fresh proceedings to resume the aforementioned extent of land in the year 2014, directing them to remove all their assets from the said plot. According to the petitioner, this order is completely impermissible in law, since it has not even concluded that they have not put the land to proper use or that they have kept the industry idle.