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2019 Supreme(Ker) 757
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANIKUMAR, C.T.RAVIKUMAR, JJ.
M.A.Abdul Rasheed, S/o Aliyarukunju - Appellant
Versus
The General Manager, District Industries Centre Water Works Compound, Vellayambalam, Kowdiar, Thiruvananthapuram District and Ors - Respondent
WA.No.2215 of 2019
Decided On : 28-10-2019
Advocate Appeared:
For the Appellant : Sri.K.M.Sathyanatha Menon, Smt.Kavery S Thampi
For the Respondent: Sri V. Tekchand.
IMPORTANT POINTS
A party cannot be permitted to “blow hot and cold”, “fast and loose” or “approbate and reprobate”. Where one knowingly accepts the benefits of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or order. This rule is applied to do equity, however, it must not be applied in a manner as to violate the principles of right and good conscience.
Headnote:
The Kerala Allotment of Government Land in Development Areas on Hire Purchase for Industrial Purpose Rules-The doctrine of election is based on the rule of estoppel--The principle that one cannot approbate and reprobate inheres in it. The doctrine of estoppel by election is one of the species of estoppels in pais (or equitable estoppel), which is a rule in equity. By that law, a person may be precluded by his actions or conduct or silence when it is his duty to speak, from asserting a right which he otherwise would have had.
Statement of facts:
M/s. T.K.Chemicals Ltd. was an allotee of 4.69 Acres of land in industrial development area. The allotment was based on hire purchase based on the rules framed under the Kerala Allotment of Government Land in Development Areas on Hire Purchase for Industrial Purpose Rules - The said company was permitted to mortgage the land to IDBI Bank, Ernakulam to avail financial assistance-The appellant was the successful bidder in the auction.
Finding of the court:
No improvement has been made for eight years even after the assurance given by him to start a project is not disputed. Had the appellant made any improvements and incurred any expenditure, Rule 18 of the Hire Purchase Rules enables the appellant to take appropriate recourse-The appellant cannot be permitted to wriggle out of his own obligations--Not inclined to interfere with the order impugned before this Court.
Result: Writ appeal is dismissed
JUDGMENT :
S. MANIKUMAR, J.
1. Being aggrieved by the judgment made in W.P.(C)No.5706 of 2019 dated 21.8.2019 whereby the writ court declined to interfere with the proceedings No.H2/1203/2007 dated 11.1.2019 of the General Manager, District Industries Centre, Thiruvananthapuram (Ext.P4) by which the said authority has resumed land admeasuring an extent of 4.69 Acres of land in plot No.48, 49, 50, 51 and 52/P in the industrial development area, comprised in Survey No.2623/94 of Kadakampally Village, Thiruvananthapuram Taluk, Thiruvananthapuram District, instant writ appeal is filed.
2. By the said order dated 11.1.2019, the General Manager, District Industries Centre, Thiruvananthapuram has further directed the appellant to pay resumption interest at 6% from the date of allotment to the date of resumption. Appellant was also directed to remove the movable and immovable items in the land at his cost within 15 days failing which the losses to Government would be recovered through revenue recovery measures. The General Manager, District Industries Centre, Thiruvananthapuram has directed the Assistant District Industries Officer (T) who is the Estate Officer authorised to take possession of the land as per the rules and to report compliance.
3. Short facts leading to the writ appeal are:-
M/s. T.K.Chemicals Ltd. was an allotee of 4.69 Acres of land in industrial development area. The allotment was based on hire purchase based on the rules framed under the Kerala Allotment of Government Land in Development Areas on Hire Purchase for Industrial Purpose Rules (for brevity, 'Hire Purchase Rules'). The said company was permitted to mortgage the land to IDBI Bank, Ernakulam to avail financial assistance.
4. M/s. T.K.Chemicals Ltd. defaulted in payment of loan to the bank which initiated recovery proceedings before the Debts Recovery Tribunal (In short, 'DRT'). Pursuant to the recovery certificate issued, DRT auctioned and sold the land admeasuring 4.69 Acres of land in Survey No.2623/94 in plot No.48, 49, 50, 51 and 52/P along with the trees, buildings and all improvements thereon. The appellant was the successful bidder in the auction.
5. After taking physical possession of the said land, the appellant submitted a letter dated 20.8.2010 to the General Manager, District Industries Centre, Thiruvananthapuram stating that the project report for the proposed utilisation of the land was under preparation after examining the viability in detail and accordingly, project report and the plan of action for the implementation of the proposed project would be submitted in due course. Following the letter dated 20.8.2010, the appellant has also submitted an affidavit of undertaking dated 27.8.2010 to the General Manager, District Industries Centre, Thiruvananthapuram stating that he has understood that the land can be used only for industrial purpose and affirmed that the land would be utilised for industrial purpose such as IT Industries, Computer based Industries or other Industries.
6. Appellant has not honoured the letter and the affidavit of undertaking. Therefore, the General Manager, District Industries Centre, Thiruvananthapuram sent letter dated 10.5.2012 to the appellant stating that though the appellant had assured commencing an industrial unit in the name of 'Heera Technology Park', the same was not commenced till the issuance of letter dated 10.5.2012 and therefore, directed the appellant to furnish reasons as to why the project was not commenced, otherwise legal proceedings for resumption of land would be taken.
7. Contrary to the assurance made in letter dated 20.8.2010 and the affidavit of undertaking dated 27.8.2010, the appellant raised an issue that the General Manager, District Industries Centre cannot take action under the Higher Purchase Rules, for resumption of the land. Considering the issue raised and the rules, vide proceedings dated 11.1.2019, General Manager, District Industries Centre has directed resumption of the said land. Be
