Kerala High Court
P.T.Thankachan vs Vengappally Grama Panchayath on 2 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
WP(C) NO. 28251 OF 2018
PETITIONERS:
1 P.T.THANKACHAN
AGED 51 YEARS
S/O.P.C.THOMAS,
MANAGING PARTNER,
ANANDA BHAVAN BRICKS AND METAL,
PUZHAMUDY PO, VENGAPPALLY, VYTHIRI,
WAYANAD DISTRICT
2 K.P.SHYMA,
D/O.SANKARA KURUP
ANANDA BHAVAN,
VENGAPPALLY,
WAYANAD DISTRICT.
BY ADV DR.GEORGE ABRAHAM
RESPONDENTS:
1 VENGAPPALLY GRAMA PANCHAYATH
PINANGODE PO, MURIKKAP,
WAYANAD DISTRICT - 673 122,
REPRESENTED BY ITS SECRETARY
2 THE SECRETARY
VENGAPALLY GRAMA PANCHAYATH,
PINANGODE P.O.,
MURIKKAP,
WAYANAD DISTRICT - 673 122.
3 VENGAPALLY GRAMA PANCHAYATH COMMITTEE
REPRESENTED BY ITS PRESIDENT,
PINANGODE P.O.,
MURIKKAP,
WAYANAD DISTRICT - 673 122.
4 DISTRICT COLLECTOR
WAYANAD 673 592
5 TAHSILDAR
TALUK OFFICE,
VYTHIRI - 673 592
WP(C) NO. 28251 OF 2018
2
6 VILLAGE OFFICER
VENGAPPALLY VILLAGE,
PUZHAMUDY P.O.,
(VIA) VENGAPPALLY,
VYTHIRI TALUK,
WAYANAD DISTRICT - 673 121
BY ADVS.
SRI.MANOJ RAMASWAMY, SC,VENGAPPALLY GRAMA PANCHAYAT
SRI. K. M. FAISAL, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28251 OF 2018
3
T.R.RAVI, J.
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WP(C) NO.28251 OF 2018
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Dated this the 02nd day of February, 2022
JUDGMENT
The petitioner is the Managing Partner of Ananda Bhavan
Bricks & Metals wherein a Crusher Unit has been established after
obtaining No Objection Certificate from the Revenue Department.
The Panchayat had granted D&O licence for the said unit. The
petitioner applied for renewal of the D&O licence. The application
for renewal of the D&O licence has been rejected by respondents 1
to 3 on the basis of a communication from the Village Officer, which
has been produced as Ext.P7. Ext.P7 says that the property in
question was exempted under the Land Reforms Act since it was a
plantation and hence commercial activities cannot be carried out
there. In Ext.P8, the Panchayat has reiterated the above reason
while refusing renewal.
2. The counsel for the petitioner points out that the exemption
of land for the purpose of Land Reforms Act will not lead to a
situation where the land cannot be used for any other purposes at a
later point of time. The consequences of such user would only be
that the exempted land will also get added to the total extent held
by the owner and the excess land to be surrendered may have to be
WP(C) NO. 28251 OF 2018
re-worked. Reliance is placed on the judgment of this Court in
Kinallur Rock Sand v. State of Kerala and others reported in
2021 (2) KLT 351, wherein this Court has specifically held that
there is no prohibition in using the exempted land for a different
purpose and that it may only result in the land falling within in one's
ceiling area giving right to the authorities to initiate ceiling
proceedings. This Court had relied on the judgment of the Full
Bench of this Court in Mathew K. Jacob and another v. District
Environmental Impact Assessment Authority, Kottayam
reported in 2018 (4) KLT 913.
3. In view of the law declared by this Court, the reasoning in
Ext.P8 cannot be sustained. The writ petition is liable to be allowed.
4. In the result, the writ petition is allowed. Ext.P8 is quashed.
The respondents 1 to 3 are directed to reconsider the application
submitted by the petitioner for renewal of D&O licence and pass
fresh orders within three weeks from the date of receipt of a copy of
this judgment. The fact that the land belongs to an exempted
category shall not be a reason for rejection.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 28251 OF 2018
APPENDIX OF WP(C) 28251/2018
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TITLE DEED DATED 30/4/1980.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 20/4/2017.
EXHIBIT P3 TRUE COPY OF THE PARTNERSHIP DEED EXECUTED
BETWEEN THE PETITIONERS.
EXHIBIT P4 TRUE COPY OF THE LICENCE ISSUED BY THE 1ST
RESPONDENT ANCHAYATH DATED 5/4/2017.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF REGISTRATION FOR
STOCKING AND SELLING OF MINERALS DATED 9/4/2015.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND
RESPONDENT DATED 21/4/2018.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
VILLAGE OFFICER DATED 23/5/2018.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 5/6/2018.
EXHIBIT P9 TRUE COPY OF JUDGMENT IN W.P.(C). NO. 26303/18
DATED 03.08.2018
EXHIBIT P1(a): ENGLISH TRANSLATION OF EXHIBIT P1.
EXHIBIT P2(a): ENGLISH TRANSLATION OF EXHIBIT P2.
EXHIBIT P4(a): ENGLISH TRANSLATION OF EXHIBIT P4.
EXHIBIT P6(a): ENGLISH TRANSLATION OF EXHIBIT P6.
EXHIBIT P7(a): ENGLISH TRANSLATION OF EXHIBIT P7.
EXHIBIT P8(a): ENGLISH TRANSLATION OF EXHIBIT P8.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
