JINO SREENIVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Sri. S. Sreekumar, the learned Senior Counsel appearing for the appellant/writ petitioner. Also heard Sri. V. Tekchand, the learned Senior Government Pleader appearing for the respondents.

(2.) The challenge here is to the judgment dated 21.11.2018, whereby the learned Single Judge declined to entertain the grievance of the writ petitioner to the impugned order dated 3.7.2018 (Ext.P11). Under this order, the land allotted to the petitioner's predecessor (Smt.Kalavathibai) for setting up an industrial unit, was ordered to be resumed on account of the failure of the petitioner to take steps to commence the industrial activity in the said plot. The petitioner also challenged the earlier order dated 1.8.2015 (Ext.P5) whereby the General Manager of the District Industries Centre, Alappuzha, by exercising power delegated to him, ordered for resumption of the land.

(3.) The predecessor had earlier mortgaged the land to secure a loan from the Federal Bank. For loan default the property was sold in auction with clear stipulation that the land should be used for industrial purpose only, failing which the Government can resume the land. The petitioner purchased the land with such stipulation incorporated in the sale deed dated 31.12.2011. The property was then mutated in the purchaser's favour.