Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE P.M.MANOJ, J
M.S. Anaz, S/o. Saidu Muhammed – Appellant
Versus
State Of Kerala, Represented By The Principal Secretary, Industries Department and Ors. – Respondent
JUDGMENT :
(P.M. MANOJ, J.)
The writ petition is preferred primarily challenging Ext.P5 letter issued by the 2nd respondent. Thereafter by amending the writ petition, further challenges are made to Exts.P6, P18 and P19.
2. The issue involved in this writ petition pertains to allotment of plot in the industrial or developmental area, Aroor which is confined to a plot measuring 30 cents resumed from the possession of M/s. Periyar Engineering. According to the petitioner, as per Ext.P3 priority list of entrepreneurs published in the year 2014, petitioner held rank No.3, while another person, Mr. Salarudeen (who is now deceased), held rank No. 7, and the 4th respondent held rank No. 18.
3. The Rules pertaining to the allotment is Ext.P1. As per Rule 5, the application for land under these Rules shall be disposed of taking into consideration the desirability and suitability of the industry proposed in the area and also the capacity of the applicant to conduct the industry or any other matter the department may consider relevant. Any application can be rejected by the department without assigning reasons therefore.
4. On the basis of aforementioned provision, the applications were considered
The allotment of industrial land must adhere to established priority rules, ensuring fairness and transparency in the distribution of state resources.
Process of applying the pick and choose policy and making allotments at the whims and fancies of the persons in power continued in the State.
The court emphasized the legal principles related to the disposal of public properties, legitimate expectations, and the authority's discretion in allotment decisions.
Petitioners cannot assert rights for land allotments when their claims are contingent on another party's pending applications, especially after such approvals have expired.
Courts have to individualise justice by moulding the relief and for that purpose, they can read down the instruments, under which rights are claimed consistent with the law under which they are issue....
The authority's decision to resume and re-allocate land was upheld, emphasizing adherence to natural justice and proper jurisdiction under the relevant rules.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
