Dr. P.R. Jayakrishnan vs. The General Manager, District Industries Centre

WP(C)/19148/2018HC KeralaGSTCNR KLHC01050735201808 September 2021Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN10 pages
For Petitioner: SRI.SHABU SREEDHARAN, SMT.NIDHI RAVINDRAN, SRI.D.THILAKAN, SRI.P.R.VIBHU, SMT.VIDYA G NAIR, SRI.M.YOHANNAN, SMT.MEENU THAMPI
AI SummaryAllowed

Held

The Court set aside the resumption order (Ext.P15), acknowledging the petitioner's claim of indisposition preventing his appearance. Granting a 'last latitude,' the Court directed the petitioner to appear before the 1st respondent with documents for a fresh hearing, with the status quo of the land maintained until a new decision is communicated.

Facts

An Ayurvedic doctor, allotted land for his manufacturing business, faced an order from the District Industries Centre resuming the property. The Centre alleged the land was kept idle since 2011, despite the petitioner claiming continuous business and inability to respond due to illness. The petitioner challenged the resumption order (Ext.P15) before the High Court.

Key Issues

The key legal issue was whether the District Industries Centre's order resuming the petitioner's allotted industrial land, based on allegations of non-use and non-appearance, was valid, considering the petitioner's claims of continuous business and inability to respond due to illness.

Sections Cited

None

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943 WP(C) NO. 19148 OF 2018 PETITIONER: DR. P.R. JAYAKRISHNAN, AGED 39 YEARS, S/O.K.M.RADHAKRISHNAN NAIR,PROPRIETOR, M/S.BIOVEDICS, NEW INDUSTRIAL DEVELOPMENT AREA (NIDA),KANJIKODE P.O., PALAKKAD – 678621 RESIDING AT DEVIKRIPA, HOUSE NO.320, CHANDRANAGAR EXTENSION P.O., PALAKKAD-678007. BY ADVS. SRI.SHABU SREEDHARAN SMT.NIDHI RAVINDRAN SRI.D.THILAKAN SRI.P.R.VIBHU SMT.VIDYA G NAIR SRI.M.YOHANNAN SMT.MEENU THAMPI RESPONDENTS: 1 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE DISTRICT INDUSTRIES CENTRE,PALAKKAD - 678001. 2 THE ESTATE OFFICER SUB DISTRICT INDUSTRIAL OFFICE,PALAKKAD-678001. BY SR GP – ASWIN SETHUMADHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 19148/18 2 JUDGMENT The petitioner says that he is a qualified Ayurvedic Doctor and an entrepreneur, engaged in the business of manufacturing ayurvedic medicines under a valid licence. He has produced Ext.P1 in substantiation and says

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