IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 20^TH DAY OF SEPTEMBER 2022 / 29TH BHADRA, 1944 RP NO. 352 OF 2020 AGAINST THE JUDGMENT IN WA 2215/2019 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT/PETITIONER:

M.A.ABDUL RASHEED AGED 62 YEARS S/O ALIYARUKUNJU, CITADEL, GOLF LINKS ROAD, KOWDIAR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN-695 003.

BY ADVS.

K.M.SATHYANATHA MENON SRI.RAKESH KUMAR SMT.KAVERY S THAMPI SHRI.GANESAN M.

SRI.M.S.SARUN RESPONDENTS:

1 THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPOUND, VELLAYAMBALAM, KOWDIAR, THIRUVANANTHAPURAM DISTRICT-695 003.

2 THE DIRECTOR OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

BY ADV SENIOR GOVERNMENT PLEADER SRI.TEK CHAND (B/O)

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

Dated this the 20^th day of September, 2022 SHAJI P.CHALY,J Captioned review petition is filed by the appellant seeking to review the judgement in writ appeal No.2215 of 2019 dated 28.10.2019, whereby the writ appeal was dismissed, holding that the action initiated by the State Government as per Exhibit P4 order passed by the General Manager, District Industries Centre, Thiruvananthapuram dated 11.1.2019 resuming the industrial land from the review petitioner is in accordance with law. In fact, the land in question came in possession of the petitioner from the original assignee by way of an auction conducted in a DRT proceedings at the instance of a creditor bank.

2. Anyhow, the review petition is filed by the appellant basically pointing out discovery of new facts and documents. The prime contention advanced is that, it is apparent that the land in question in an industrial area was assigned to one M/s.T.K.Chemicals Limited under the orders of the Government of Kerala on the entire cost of the land paid, and therefore, in terms of rule 30 of the Kerala Allotment of Government Land in Development Area on Hire Purchase for Industrial Purpose Rules, 1969, from now on called “Rules, 1969”, the Government was left with no right or title or ownership of the land to reclaim/resume.

3. It is also pointed out that the new facts and documents could not be brought to the notice of this Court before pronouncing the judgement in spite of due diligence of the review petitioner, and now it would clearly establish that the land was duly assigned; therefore, could not have been reclaimed by the respondents. The paramount contention advanced is that from Annexure A1 to A4 produced along with the review petition, it is evident that consequent to the allotment of land under hire purchase, the land was assigned in favour of M/s.T.K.Chemicals Limited by the Government on payment of the land value, and therefore going by rule 30 of the Rules, 1969, the title and ownership of the land would remain with the Government only until the land is assigned to the allottee; and therefore, the property now remaining in the name of the review petitioner cannot be resumed by the respondents even under the Hire Purchase Rules.

4. It is also submitted that Annexure A5 to A11, copy of revenue records, produced along with the review petition would establish that after the auction purchase in DRT proceedings, the land was mutated in the name of the review petitioner and tax was collected for 4.69 Acres of land in the name of the review petitioner; that possession certificate was also issued to the review petitioner; and since no challenge is made by the respondents to the said documents, the resumption made by the General Manager, District Industries Centre, is arbitrary and illegal. That apart, it is contended that when complete ownership vests with the review petitioner, the review peti