K.PANKAJAKSHAN Vs. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Sri.N.N.Sugunapalan, learned Senior counsel instructed by Sri.S.Sujin, learned counsel appearing for the petitioners and Smt.A.C.Vidhya, learned Government Pleader appearing for the respondents.

(3.) The petitioners have been allotted land in the industrial development area for establishing an industrial unit. Initially, the 1st petitioner was allotted the land and the industrial unit, viz., 2nd petitioner-company (M/s AP Steel Re Rolling Mills (P) Ltd.), was established. As additional land was required for the expansion of the said company, on request made in that behalf, the 2nd petitioner-company was allotted additional land. It is stated that on both occasions when lands are allotted, agreements are duly executed between the petitioners and the 1 st respondent and the said agreements are for hire purchase and the agreement contained a clause, whereby the petitioners/allottees could purchase the land on remittance of the land value in full. This benefit was duly availed by the petitioners and the land value in full was remitted, without availing the hire purchase facility. On payment of the full land value, the petitioners became the absolute owners of the properties and certificates were also issued certifying that the petitioners are entitled to patta and to mortgage the properties for obtaining loans from financial institutions, it is averred. That when the 2nd petitioner required additional capital for business purposes, and as to grant issuance of a fresh certificate, the petitioners were approached 1st respondent-General Manager, District Industries Centre, Palakkad, requesting for the issuance of the certificate and also mentioning about the re-constitution of the company. By the impugned Exts.P-8 & P-9 proceedings, the respondents are directed the petitioners to pay additional land value. Challenging Exts.P-8 & P-9 proceedings demanding additional land value, the petitioners have approached this Court by filing the Writ Petition (Civil) W.P(C)No.35931/2017, which this Court had disposed of as per Ext.P-11 judgment dated 11.07.2018, whereby the 2nd respondent was directed to consider the issue regarding the validity of Ext.P-8 computation according to the rules and regulations and also duly adverting to Ext.P-9 order. Now the respondents 2 & 1 in purported compliance to the said directions, issued impugned Exts.P-12 & P-13 proceedings, thereby only a portion of land value remitted by the petitioners is directed to be refunded. It is in the light of these factual averments, the petitioners have filed the instant Writ Petition (Civil) with the aforementioned prayers.