Kerala High Court
Ramanatha Shenoy vs State Of Kerala on 4 August, 2025
2025:KER:58225
W.P.(C). No.27118 of 2020 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 27118 OF 2020
PETITIONERS:
1 RAMANATHA SHENOY
AGED 43 YEARS
S/O. RADHAKRISHNA SHENOY, AGED 43 YEARS,
MANGALPADI HOUSE, KRISHNAMANDIR ROAD, KANHANGAD
P.O, HOSDURG, KASARAGOD 671 315.
2 DEPPA L. PRABHU,
AGED 49 YEARS
W/O. N.LEKSHMI NARAYANA PRABHU, SHANTHA NARASIMHA
STREET, NEELESWARAM VILLAGE, THATTACHERRY,
HOSDURG, KASARAGOD 671 314.
BY ADVS. SRI.VISHAK.K.JOHNSON
SMT.N.P.RUKSANA
SHRI.S.NITHIN (ANCHAL)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, THIRUVANANTHAPURAM-695 001
2 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, THIRUVANANTHAPURAM-695 001
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W.P.(C). No.27118 of 2020 :2:
3 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, KASARAGODE-671 123
4 THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, KASARGODE-671 541
5 THE TAHSILDAR,
TALUK OFFICE, VELLARIKUNDU, KASARGODE-671 533
6 M/S. NAYARA ENERGY LIMITED,
REPRESENTED BY ITS REGIONAL MANAGER, 6B, 6TH
FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O, KOCHI-682 037.
BY ADV SMT.C.SUMA DEVI
OTHER PRESENT:
ADV.P.B.KRISHNAN(SR)
ADV.SRI.ASWIN SETHUMADHAVAN-GP,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C). No.27118 of 2020 :3:
VIJU ABRAHAM, J.
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W.P.(C) No.27118 of 2020
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Dated this the 4th day of August, 2025
JUDGMENT
The above writ petition is filed seeking to quash Ext.P15 with a consequential direction to the 3 rd respondent to consider and pass orders on the application for grant of lease of Government land lying adjacent to the land belonging to the petitioners in Re-Survey No. 11/1 of Belur Village, Vellarikundu Taluk, Kasargode District in accordance with law.
2. The brief facts necessary for the disposal of the writ petition are as follows:
Petitioners have entered into a partnership for conducting business of dealership in petrol and other products with the 6 th respondent company. The petitioners were granted Ext.P1 letter of appointment dated 30.11.2017 in this regard, wherein it is stipulated that the petitioners should obtain all necessary permissions and consent from the statutory authorities required 2025:KER:58225 W.P.(C). No.27118 of 2020 :4: for setting up, commissioning and running the petroleum retail outlet. After Ext.P1, the petitioners obtained necessary consents and permission from all the authorities for running the petroleum retail outlet. The property where the petroleum retail outlet is proposed to be established is situated on the southern side of Mavunkal- Odayamchal road and an extent of puramboke land falls between the proposed site and the Mavunkal- Odayamchal Road and therefore no direct access to the public road is available to the petitioners' property. Therefore, for the beneficial enjoyment of adjacent properties, the petitioners submitted an application for lease of 4.05 ares of puramboke land in Re-Survey No. 11/1 of Belur Village, lying adjacent to the proposed site. After getting necessary reports etc., the District Collector by Ext.P14 forwarded the same to the 1 st respondent Government recommending that the assignment could be granted on conditions. But, by Ext.P15 order, the 1 st respondent rejected the claim mainly for the reason that the property where the petroleum outlet is proposed to be established is an assigned land for agricultural purposes and in violation of the conditions 2025:KER:58225 W.P.(C). No.27118 of 2020 :5: in the assignment, it is used for commercial purposes and therefore, the request of the petitioners for lease of puramboke land for their beneficial enjoyment cannot be granted. The petitioner would submit that as per Ext.P17, assignment was granted in respect of a similarly situated applicant. It is in the said circumstance that the petitioner has approached this Court.
3. The 3rd respondent has filed a detailed counter affidavit wherein it is stated that since the lease is in respect of an institution/organisation, such application can only be considered by the Government and therefore, the proposal in this regard was forwarded to Government and thereafter the Government rejected the lease proposal on the ground that the petitioners applied for lease of the adjoining Government land for their beneficial enjoyment, but the land possessed by the petitioner is an assigned land for personal cultivation and the petitioner is attempting to use the same for commercial purpose, which is impermissible.
4. The learned Senior counsel appearing for the petitioner brought to my notice an amendment to the Kerala Government 2025:KER:58225 W.P.(C). No.27118 of 2020 :6: Land Assignment Act, 1960 by the Act 10 of 2024, ie., Kerala Government Land Assignment(Amendment) Act, 2023, whereby an amendment was made to Section 4 incorporating Section 4A and amended Section 7, incorporating (oa) and (ob) and on the basis of the said amendments it is the contention of the learned Senior Counsel that even if there is any violation of the patta condition, the same could be regularised. The learned Senior Counsel would further submit that necessary no objection certificate in respect of the assigned land will be obtained from the Government before any activities for establishing the petroleum outlet is undertaken in the subject property. Therefore, the rejection of the request of the petitioners only for the reason that the petitioner is attempting to use the assigned land for purposes other than for which it has been assigned, is liable to be interfered with.
5. After hearing the learned Senior counsel for the petitioner and the learned Government Pleader, I am of the view that the matter requires reconsideration at the hands of the Government, in view of the facts enumerated above. Therefore, 2025:KER:58225 W.P.(C). No.27118 of 2020 :7: Ext.P15 is set aside with a consequential direction to the 1 st respondent to reconsider the request of the petitioner for lease of puramboke land having 4.05 ares comprised in Re-Survey No. 11/1 of Belur Village for his beneficial enjoyment, after affording an opportunity of being heard to the petitioner and pass orders without any delay, at any rate, within an outer limit of 4 months from the date of receipt of a copy of this judgment. The undertaking of the petitioner that any activity in the assigned land not permitted as per the conditions in the patta will be undertaken only after obtaining necessary consent / NOC from the 1st respondent Government, is recorded.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM JUDGE sm/ 2025:KER:58225 W.P.(C). No.27118 of 2020 :8: APPENDIX OF WP(C) 27118/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LETTER OF APPOINTMENT DATED 30.11.2017 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONERS EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 16.12.2017 SUBMITTED BY THE ESSAR OIL LIMITED BEFORE THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF LETTER DATED 07.06.2018 SUBMITTED BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPORT NO. D4-1591/2018/G
DATED 02.05.2018 SUBMITTED BY THE
DISTRICT POLICE CHIEF, KASARAGODE BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPORT NO. E-226/2018
DATED 19.07.2018 SUBMITTED BY THE
REVENUE DIVISIONAL OFFICER, KANHANGAD. EXHIBIT P6 TRUE COPY OF THE REPORT DATED 21.08.2018 SUBMITTED BY THE SECRETAR,KODOM BELUR GRAMA PANCHAYAT ALONG WITH DECISION NO. 18/1 DATED 04.08.2018 OF THE PANCHAYAT COMMITTEE.
EXHIBIT P7 TRUE COPY OF THE REPORT NO. A2/119/2018
DATED 22.02.2018 SUBMITTED BY THE
EXECUTIVE ENGINEER, PWD ROADS DIVISION.
EXHIBIT P8 TRUE COPY OF CERTIFICATE NO. E 325/18
DATED 25.01.2018 SUBMITTED BY THE
DIVISIONAL OFFICER, FIRE AND RESCUE
SERVICES, DIVISIONAL OFFICE, KOZHIKODE. EXHIBIT P9 TRUE COPY OF REPORT NO. CS2-53/18 DATED 31.01.2018 SUBMITTED BY THE DISTRICT SUPPLY OFFICER, KASARAGODE.
EXHIBIT P10 TRUE COPY OF CONSENT TO ESTABLISH BEARING NO. PCB/KSRD?ICE/1319/2018 DATED 23.01.2019 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD.
2025:KER:58225 W.P.(C). No.27118 of 2020 :9: EXHIBIT P11 TRUE COPY OF THE REPORT OF VILLAGE OFFICER, BELUR VILLAGE DATED 19.03.2018. EXHIBIT P12 TRUE COPY OF MAHAZAR PREPARED BY THE VILLAGE OFFICER, BELUR VILLAGE.
EXHIBIT P13 TRUE COPY OF JUDGMENT DATED 20.12.2018 W.P.C NO. 41877/2018 PASSED BY THE HIGH COURT OF KERALA.
EXHIBIT P14 TRUE COPY OF LETTERNO.
DCKSGD/2407/2019/C6 DATED 29.10.2019
ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P15 TRUE COPY OF ORDER NO.L4/61/2020/REV.
DATED 09.08.2020 PASSED BY THE 1ST RESPONDENT.
EXHIBIT P16 TRUE COPY OF ORDER DATED 09.10.2020 PASSED IN CONTEMPT CASE (C) NO. 756/2020 BY THE HIGH COURT OF KERALA.
EXHIBIT P17 TRUE COPY OF ORDER NO.
DCKSGD/6630/2018/C6 DATED 22.10.2020. EXHIBIT P18 TRUE COPY OF THE PATTA NO.1511/65-66 ISSUED BY THE SPECIAL TAHSILDAR, HOSDURG DATED 05.11.1966.
EXHIBIT P19 TRUE COPY OF SALE DEED NO.870/1976 OF SRO, HOSDURG DATED 29.03.1976.
EXHIBIT P20 TRUE COPY OF SETTLEMENT DEED NO.
1754/1990 OF SRO, HOSDURG DATED
28.08.1990.
EXHIBIT P21 TRUE COPY OF SALE DEED NO.1862/2006 OF
SRO, HOSDURG DATED 10.08.2006.
EXHIBIT P22 TRUE COPY OF SALE DEED NO.1689/2006 OF
SRO, HOSDURG DATED 22.07.2006.
EXHIBIT P23 TRUE COPY OF SALE DEED NO.1459/2017 OF
SRO, HOSDURG DATED 16.08.2017.