M K SANTHAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The principal issue in this matter is in regard to the nature of a contract entered into between the predecessor-in-interest of the petitioner with the Government to run an industrial unit. The nature of reliefs sought for in the writ petition calls for a determination of the nature and character of the agreement entered into by the predecessor-in-interest of the petitioner with the Government. To put precisely, whether it is a contract pursuant to statutory Rules or not.

(2.) The brief facts involved in this case are as follows: One Devaki alias Ammukutty Amma executed a sale deed in favour of the Government in the year 1973 for a consideration of Rs.4000/-. This is essentially to enable Devaki's son, namely, Kesava Menon to establish a pharmaceutical industrial unit in land belonging to Devaki. The Government appears to have formulated a scheme as per its order dated 20/7/1970 to acquire land and construct buildings and erect machineries to handover it to the industrialists on a hire purchase basis. This was based on government orders dated 18/10/1966 and 5/12/1966. In spite of many efforts, the learned Government Pleader could not place before this Court the aforesaid government orders dated 18/10/1966 and 5/12/1966.

(3.) It is necessary to refer the scheme formulated by the Government as per its order dated 20/7/1970. According to the scheme, the Industrial Department of the Government would acquire land and construct buildings and would erect machineries and handover it to industrialists on hire purchase basis as per the terms and conditions of the aforesaid government orders. The non-availability of the government orders, in fact, placed this Court in a dilemma as to decide the rights and liabilities of the parties in accordance with the agreement entered into between the predecessor-ininterest of the petitioner with the Government.