Kerala High Court
M/S.Synthite Industries Ltd vs The Land Revenue Commissioner on 30 March, 2016
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 7TH DAY OF APRIL 2016/18TH CHAITHRA, 1938
WP(C).No. 14156 of 2016 (T)
----------------------------
PETITIONER(S):
-------------
M/S.SYNTHITE INDUSTRIES LTD,
FORMERLY KNOWN AS M/S. SYNTHITE
INDUSTRIAL CHEMICALS, SYNTHITE VALLEY,
KADAYIRUPPU P.O., AIKARANADU NORTH VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM-682311,
REPRESENTED BY ITS MANAGING DIRECTOR,
SRI. GEORGE PAUL, AGED 64, S/O.E.J. PAULOSE,
SYNTHITE VALLEY, KADAYIRUPPU P.O.,
ERNAKULAM - 682 311.
BY ADV. SRI.BENNY VARGHESE
RESPONDENT(S):
--------------
1. THE LAND REVENUE COMMISSIONER,
OFFICE OF THE LAND REVENUE COMMISSIOINER,
THIRUVANANTHAPURAM-1.
2. THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, CIVIL STATION,
KAKKANADU-682030.
3. LOCAL LEVEL MONITORING COMMITTEE,
AIKARANADU GRAMA PANCHAYATH,
REPRESENTED BY ITS CONVENER/AGRICULTURAL OFFICE,
KRISHIBHAVAN, KADAYIRUPPU P.O., KOLENCHERY,
ERNAKULAM-682311.
BY SPL. GOVERNMENT PLEADER SRI.P.K.SOYUZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07-04-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 14156 of 2016 (T)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
P1 COPY OF THE SALE DEED NO. 8847/2006 OF PUTHENCRUZ SUB
REGISTRAR OFFICE
P2 COPY OF THE RELEVANT PAGES OF THE DATA BANK
P3 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 4
DATED 30/03/2016
P4 COPY OF THE POSTAL RECEIPT SHOWING THE SENDING OF EXHIBIT-P3
APPLICATION ON 30/03/2016
P5 COPY OF THE CHALAN NO. S-137 DATED 11/03/2016 SHOWING THE
REMITTANCE OF THE FEE OF RS.500/-
P6 COPY OF THE PHOTOGRAPHS SHOWING THE TRUE NATURE OF THE PROPERTY
OF THE PETITIONER
RESPONDENT'(S) EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
bka/-
A. MUHAMED MUSTAQUE, J.
--------------------------------------------------
W.P.(C) No. 14156 of 2016
--------------------------------------------------
Dated this the 7th day of April, 2016
J U D G M E N T
The petitioner has approached the District Collector under Section 3A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 for regularization of the land.
2. This Court is of the view that the District Collector shall consider Ext.P3 application, if data bank is finally notified. If it is not finalized, the application shall be considered within two months after finalization of the data bank.
Therefore, the writ petition is disposed of with the following directions;
7 If the land is not included in the data bank, necessary permission shall be granted on payment of requisite fee. 7 Once regularization order is issued, necessarily, the petitioner is entitled to use the land as 'purayidom' and W.P.(C) No. 14156 of 2016 ..2..
dry land in accordance with law. 7 The petitioner is also free to approach the Tahsildar for reassessment of land after regularization in terms of Section 6A of the Kerala Land Tax Act, 1961. 7 If such an application is filed, the Tahsildar shall consider the application in the light of the directions of this Court in the judgment in Kizhakkambalam Grama Panchayath v. Mariumma [2015 (2) KLT 516].
Sd/-
A. MUHAMED MUSTAQUE JUDGE bka/-