(1.) This writ petition is filed by the petitioner seeking direction to the 2nd respondent to act on the direction of the 1st respondent in Ext.P6 order read along with Ext.P3 Government Order and Ext.P5 report of Director of Municipalities, within a specified time. Brief material facts for the disposal of the writ petition are as follows:
(2.) Petitioner is a small-scale entrepreneur engaged in manufacture of soaps. When the building in which the petitioner was conducting manufacturing activities was acquired for road widening, petitioner applied for allotment of land in the Industrial Estate at Vatakara, and accordingly, the application was processed and the petitioner was allotted plot No.11 in the industrial estate at Karimbana Palam, within the limits of the Vatakara Municipality, having an extent of 10 cents. It is the case of the petitioner that, the said plot was in fact allotted to another person at the rate of Rs.30,000/- per cent, in the year 2002. But, he did not pay the land value fixed, and thereupon, the Municipality cancelled the allotment. It was thereafter the Municipality decided to allot the land to the petitioner on his application, fixing the land value at Rs.1,25,000/- per cent. 25% of the total land value was deposited first and the balance was to be deposited in half yearly instalments, and petitioner was remitting the instalments regularly, and thus paid a total instalment fee of Rs.7,81,575/-.
(3.) However, petitioner found it difficult to pay the instalments from out of the income generated from the business activity, and thereupon, approached the Government to secure subsidy benefits. At that point of time, petitioner was informed that the land value was not fixed as per the Government norms. According to the petitioner, the Municipality had fixed the land value on the basis of the market value, whereas the Government as per the order dated 05.04.1969, for the purpose of promoting Small Scale Industries, have formulated norms in respect of fixing of land value. The sum and substance of the contention put forth by the petitioner is that, the Municipality has fixed the land value against the directions of the Government in the matter of allotment of plots for industrial development.