Kerala High Court
Akhil Louiz vs District Collector on 13 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 13TH DAY OF APRIL 2022/23RD CHAITHRA, 1944
WP(C) NO. 2735 OF 2022
PETITIONER:
AKHIL LOUIZ
AGED 25 YEARS
S/O. K. GEORGE LOUIZ, KUNDUNGAMPARAMBIL HOUSE,
CHERIYAKADAVU MURI, PALLURUTHI VILLAGE,
KANNAMALI P. O., KOCHI, PIN - 682 008, REP. BY
HIS POWER OF ATTORNEY HOLDER AND MOTHER SHINE
GEORGE, W/O. K. GEORGE LOUIZ, AGED 51,
KUNDUNGAMPARAMBIL HOUSE, CHERIYAKADAVU MURI,
PALLURUTHI VILLAGE, KANNAMALI P. O.,
KOCHI, PIN - 682 008.
BY ADV SHIJU VARGHESE
RESPONDENTS:
1 DISTRICT COLLECTOR
ERNAKULAM, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682 035.
2 THE ADDITIONAL DISTRICT MAGISTRATE,
ERNAKULAM CIVIL STATION, KAKKANAD, ERNAKULAM,
PIN - 682 035.
3 THE TAHASILDAR
TALUK OFFICE, NORTH PARAVOOR, ERNAKULAM,
PIN - 683 513.
4 THE TALUK SURVEYOR
TALUK OFFICE, NORTH PARAVOOR, ERNAKULAM,
PIN - 683 513.
W.P.(C) No.2735/2022
:2:
5 THE VILLAGE OFFICER
MOOTHAKUNNAM VILLAGE OFFICE, NORTH PARAVOOR,
ERNAKULAM, PIN - 683 513.
SRI.APPU P S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.2735/2022
:3:
N. NAGARESH, J.
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W.P.(C) No.2735 of 2022
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Dated this the 13th day of April, 2022
JUDGMENT
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The petitioner has approached this Court seeking
to set aside Ext.P18 proceedings and to direct the 1 st
respondent to issue NOC as requested in Ext.P5.
2. The petitioner states that he is the owner in
possession of 2.41 Ares of land in Moothakunnam Village.
The petitioner submitted an application on 25.11.2020 before
the 1st respondent for issuance of a No Objection Certificate
to install and operate a Consumer Pump Facility with three
dispensing pumps for refilling of his fishing boats and
generators. The petitioner has been issued with the facility
offer letter by M/s. Reliance Industries Limited to install
pump.
W.P.(C) No.2735/2022
3. On receipt of the application, the 1 st respondent-
District Collector forwarded the same to the 2 nd respondent-
Additional District Magistrate. The 3rd respondent submitted
a report stating that the land in question does not fall in
puramboke. The 1st respondent, however, directed the 3rd
respondent to conduct a further enquiry on the nature of the
land. The 3rd respondent thereupon caused enquiry through
the Village Officer and obtained Ext.P10 report. Ext.P10
report also stated that the land does not include puramboke.
4. The petitioner states that the 4 th respondent-Taluk
Surveyor conducted a survey of the property and submitted
Ext.P16 report dated 22.11.2021 to the 2 nd respondent
stating that prumboke has been encroached. The petitioner
was called for an enquiry on 28.12.2021. The petitioner
submitted all relevant documents. To the surprise and
predicament of the petitioner, the 2nd respondent, as per
Ext.P18, rejected Ext.P5 application for NOC on the ground
that a portion of the property consists of 'puramboke' as
reported in Ext.P16.
W.P.(C) No.2735/2022
5. The petitioner states that Ext.P18 order is not a
speaking order. The petitioner has been regularly remitting
land tax for 2.41 Ares of land covered by Exts.P1 and P2.
The land is well bounded without any boundary dispute. The
petitioner was issued Ext.P13 Jetty licence by the Port
Conservator. Ext.P13 would show that there is no dispute on
the boundary of the petitioner's land which abuts the river.
The petitioner has obtained all requisite licences and
permissions from all competent statutory authorities.
Therefore, the rejection of the request of the petitioner for
issuance of NOC is highly arbitrary and unreasonable.
6. The 2nd respondent filed a Statement. The 2 nd
respondent stated that this Court in Ext.P17 judgment
directed the District Collector to consider the grievance of the
petitioner. Though all other authorities recommended in
favour of the petitioner, one K.P. Appukuttan, a neighbour of
the petitioner, raised objection that the fuel storage tank is
proposed to be installed at a distance of 4 metres from his
house which is close to the kitchen of his residence. The
W.P.(C) No.2735/2022
Tahsildar subsequently reported that proposed land for
installation of the diesel dispensing pump includes
'puramboke' area and as such the layout plan cannot be
considered. The writ petition is therefore without any merit
and is liable to be dismissed, contended the Government
Pleader representing the respondents.
7. I have heard the counsel for the petitioner and the
Government Pleader representing the respondents.
8. The petitioner submitted application for NOC to
install pump on 25.11.2020. Ext.P1 document would show
that the petitioner is the owner of the property having an
extent of 2 Acres and 41 square metres. Ext.P2 is the land
tax receipt dated 23.10.2020 in respect of the property, which
also shows the extent as 2 Ares and 41 square metres. The
Village Officer has given Possession Certificate dated
11.01.2021 as per Ext.P3. Ext.P6 is the facility offer letter
issued by the petroleum company. The Port Conservator
has issued Jetty Licence to construct Jetty in front of the
property, to facilitate dispensation of diesel from the pump.
W.P.(C) No.2735/2022
9. However, NOC has been denied to the petitioner
on the basis of Ext.P16 report which alleges that a portion of
the proposed sale dispensation unit is sought to be
constructed in puramboke. It has to be noted that by Ext.P13
the Port Conservator has issued licence to the petitioner,
which would indicate that the petitioner has valid ownership
documents in respect of the property.
10. Ext.P12 document would show that there is a river
flowing on the western side of the petitioner's property, which
river is the western boundary of the petitioner. The pleadings
and documents would further show that the petitioner has
been regularly paying tax for 2.41 Ares of property covered
by Exts.P1 and P2. So far, nobody has raised a boundary
dispute. The impugned orders have been passed by the
respondents solely depending upon the subsequent report of
the Taluk Surveyor. While passing orders on the application
submitted by the petitioner for NOC, the respondents have
not properly appreciated the facts of the case.
W.P.(C) No.2735/2022
11. Ext.P1 is the title deed by which the petitioner
purchased 2 Ares and 41 m² of the land. Ext.P2 receipt
issued by the Land Revenue Department would show that
the petitioner has been remitting land tax for 2 Ares and 41
m² of land. Ext.P3 Possession Certificate issued by the
Village Officer would also indicate that the property in
question is possessed by the petitioner. Ext.P1 sale deed
also would show that the western boundary of the petitioner's
property is river. Ext.P4 location sketch issued by the Village
Officer would also show that the river boundary of the
petitioner's property, on its western side.
12. The Tahsildar as per Ext.P8 reported that there is
no puramboke included in the land in question. The Village
Officer also inspected the property and reported that the land
is a garden land and no puramboke is included in the piece
of land in question. The Taluk Surveyor as per Ext.P16
observed that 1.33 Ares of land is not in the possession of
the petitioner. The conclusions of the Taluk Surveyor goes
against Exts.P1, P2, and P4 records. In the circumstances,
W.P.(C) No.2735/2022
this Court is of the considered opinion that the 2 nd
respondent should reconsider the matter taking into account
the afore documents also.
In the facts of the case, the writ petition is
disposed of directing the 2 nd respondent to reconsider the
application for grant of NOC submitted by the petitioner
taking into consideration Exts.P1, P2 and P3 documents
also. To enable the 2 nd respondent to consider the matter
afresh, Ext.P18 order is set aside. The 2 nd respondent shall
take a decision afresh on the application submitted by the
petitioner within a period of two months after giving an
opportunity of hearing to the petitioner.
Sd/-
N. NAGARESH, JUDGE
aks/04.04.2022
W.P.(C) No.2735/2022
APPENDIX OF WP(C) 2735/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED
NO.1992/2020 DATED 25.09.2020 OF THE
PARAVOOR SRO.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT
DATED 23.10.2020.
Exhibit P3 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 11.01.2021.
Exhibit P4 TRUE COPY OF THE LOCATION SKETCH
NO.21/2020.
Exhibit P5 TRUE COPY OF THE APPLICATION DATED
25.11.2020.
Exhibit P6 TRUE COPY OF THE OFFER LETTER DATED
4.1.2021.
Exhibit P7 TRUE COPY OF THE REPORT DATED
31.03.2021.
Exhibit P8 TRUE COPY OF THE REPORT DATED
26.07.2021.
Exhibit P9 TRUE COPY OF THE LETTER DATED
18.08.2021.
Exhibit P10 TRUE COPY OF THE REPORT DATED
28.09.2021.
Exhibit P11 TRUE COPY OF SALE DEED NO.1563/1994
DATED 21.02.1994 OF THE PARAVOOR SRO.
Exhibit P12 TRUE COPY OF SALE DEED NO.2885/2003
DATED 30.05.2003 OF THE PARAVOOR SRO.
Exhibit P13 TRUE COPY OF THE JETTY LICENSE BEARING
NO.850/2020 DATED 11.11.2020.
Exhibit P14 TRUE COPY OF THE SITE PLAN.
Exhibit P15 PHOTOGRAPH OF THE PROPERTY.
Exhibit P15 (a) PHOTOGRAPH OF THE PROPERTY.
Exhibit P15(b) PHOTOGRAPH OF THE PROPERTY.
Exhibit P15(c) PHOTOGRAPH OF THE PROPERTY.
Exhibit P16 TRUE COPY OF THE REPORT DATED
22.11.2021 WITH THE SKETCH.
Exhibit P17 TRUE COPY OF THE JUDGMENT DATED
03.12.2021 IN WP(C) NO.26379/2021.
W.P.(C) No.2735/2022
Exhibit P18 TRUE COPY OF THE PROCEEDINGS BEARING
NO.DCEKM/131/2021-M4, DATED
05.01.2022.
P19 COPY OF NOC DT 14.6.2013
P20 COPY OF POSSESSION CERTIFICATE DT
12.10.2010
P21 COPY OF PATTAYAM DT 21.1.1994
P22 COPY OF THANDAPER ACCOUNT DT 7.12.2021
P23 COPY OF THANDAPER REGISTER
P24 COPY OF REVENUE PARTICULARS OF THE
PROPERTY COVERED BY EXT.P1
P25 COPY OF PURAMBOKE LAND PARTICULARS.
