Kerala High Court
Sahana Industries Pvt Ltd vs State Of Kerala on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
WP(C) NO. 6080 OF 2022
PETITIONER:
SAHANA INDUSTRIES PVT LTD
11 FLOOR, VALLAMATTOM ESTATE, MARADY, MUVATTUPUZHA,
ERNAKULAM, PIN-686 673, REPRESENTED BY ITS MANAGING
DIRECTOR, M.P SHIJU, AGED 45 YEARS, S/O PEETHAMBARAN,
MUTHEMADATHIL HOUSE, OORAMANA P.O., MUVATTUPUZHA PIN-
686 663
BY ADV SUNIL JACOB
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY (REVENUE
DEPARTMENT), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 TAHASILDAR, LAND RECORDS, TALUK OFFICE, PALA, KOTTAYAM,
PIN-686 575.
3 VILLAGE OFFICER
RAMAPURAM VILLAGE, RAMAPURAM, KOTTAYAM DISTRICT-686
576.
BY ADVS.
P.I.GEORGEKUTTY
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SRI. JAFAR KHAN,SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6080 OF 2022
2
JUDGMENT
The petitioner impugns Ext.P11 on various
grounds, but primarily that it has been issued
without adverting to Ext.P4 'Thandaper
Register' as also Ext.P2 Tax Receipt, through
which, the property in question has already
been included in their account, they having
been permitted to remit land tax thereon.
2. The learned Senior Government Pleader -
Sri.Jafar Khan, in reply to the afore
allegations of the petitioner, as made by the
learned counsel - Sri.Sunil Jacob, submitted
that, as is evident from Ext.P11, the
petitioner has not been able to produce any
document to show that the extent of 184 Acres -
classified in the Settlement Register as
'puramboke' - came into their possession and
ownership. He added that, therefore, in the
future of such documents having been produced,
WP(C) NO. 6080 OF 2022
the Tahsildar has acted without error in
issuing Ext.P11. He, therefore, prayed that
this writ petition be dismissed.
3. I notice from the files that
petitioner had earlier approached this Court
and obtained Ext.P7 judgment. In the said
judgment, this Court had directed the Tahsildar
to look into the rival aspects and issue a
proper order.
4. However, when I examine Ext.P11, it is
clear that the Tahsildar has not even adverted
to Ext.P4 'Thandaper Register' or Ext.P3 Tax
Receipt. Of course, this is explained by
Sri.Jafar Khan saying that the entries in the
'Thandaper Register' may have been in error.
5. I am afraid that I cannot find
immediate favour with the afore submissions of
Sri.Jafar Khan because if there are errors in
the 'Thandaper Register', then obviously,
necessary steps to correct it ought to have
WP(C) NO. 6080 OF 2022
been taken and responsibility fixed on the
Authority concerned. In the admitted absence of
any such action being taken, I cannot find
Ext.P11 to deserve my favour. I, however,
hasten to add that this does not mean that
competent Authorities cannot take necessary
action as regards the 'Thandaper Register', but
that until it is so done, Ext.P11 cannot be
granted imprimatur.
In the afore circumstances and solely for
the reasons above, I set aside Ext.P11; with a
consequential direction to the Tahsildar to
reconsider the matter adverting to the
directions in Ext.P7 judgment.
This shall be done as expeditiously as is
possible, but not later than one month from the
date of receipt of a copy of this judgment.
I make it reiteratingly clear that the
observations in this judgment do not mean that
necessary action against the entires in Ext.P4
WP(C) NO. 6080 OF 2022
cannot be taken, but that it shall be done only
after following due procedure and after
affording necessary opportunity of being heard
to the petitioner.
This writ petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 6080 OF 2022
APPENDIX OF WP(C) 6080/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPANY MASTER DATA.
Exhibit P2 THE TRUE COPY OF THE SALE DEED NO.
1732/2012 OF RAMAPURAM SRO.
Exhibit P3 THE TRUE COPY OF THE LAND TAX RECEIPT DATED
28.6.2021 ISSUED BY THE 3RD RESPONDENT IN
FAVOUR OF THE PETITIONER
Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGE OF BTR
EXTRACT ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER NO 190/2021DATED
15.9.2021 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER
Exhibit P6 THE TUE COPY OF THE ORDER NO D5 12242/2020
DATED 28.7.2021 PASSED BY THE 2ND
RESPONDENT
Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED
11.10.2021 PASSED IN WPC NO 20520/2021
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION DATED
27.10.2021
Exhibit P9 THE TRUE COPY OF PARTITION DEED NO
2912/1995 OF SRO RAMAPURAM
Exhibit P10 THE TRUE COPY OF SETTLEMENT DEED NO
292/1960 OF SRO DEVIKULAM
Exhibit P11 THE TRUE COPY OF THE ORDER DATED 26.11.2021
ISSUED BY THE 2ND RESPONDENT
Exhibit P7 A TRUE COPY OF THE POSSESSION CERTIFICATE
BEARING NO.882/15 DATED 4/7/2015 (REPLY
AFFIDAVIT)
Exhibit p8 A TRUE COPY OF THE THANDAPER EXTRACT OF
THANDAPER NO.3428 ISSUED BY THE 3RD
WP(C) NO. 6080 OF 2022
RESPONDENT IN FAVOUR OF PETITIONER DATED
4/7/2015 (REPLY AFFIDAVIT)
RESPONDENTS' EXHIBITS
Exhibit R4A THE TRUE COPY OF THE PLAINT IN OS NO-
185/2021 OF THE MUNSIFFS COURT, PALA
Exhibit R4B THE TRUE COPY OF THE TECHNICAL REPORT OF
DISASTER RISK DEDUCTION AND MANAGEMENT
TOWARDS ROCK-FALL IN KURINJI AND KOTTAMALA,
RAMAPURAM PANCHAYATH, JOINT FIELD
INSPECTION, 18 APRIL 2016 , INSTITUTE OF
1ILDM. THIS STUDY WAS MADE ON THE LETTER
ISSUED BY THE DISTRICT COLLECTOR, KOTTAYAM.
KOTTAMALA IS THE PROPERTIES INVOLVED IN
THIS CASE.
Exhibit R4 C THE TRUE COPY OF THE NOTE ON GEOTECHNICAL
ASSESSMENT OF ROCK FALL PRONE AREA AT
KURUVANKUNNU- KOTTAMALA-KURINJI-KOOMPAN
HILLS, RAMAPURAM PANCHAYATH, KOTTAYAM
DISTRICT, KERALA, DR.PRAVEEN K.R.,
SR.GEOLOGIST AND THRUDEEPKUMAR N.,
SR.GEOLOGIST (UNDER THE AUSPICIOUS OF
GOVT.OF INDIA, GEOLOGICAL SURVEY OF INDIA,
STATE UNIT, KERALA, MANIKANTESWARAM P.O.
THIRUVANANTHAPURAM) DATED 18.1.2019
Exhibit R4D THE TRUE COPY OF THE 2ND REPORT OF 14TH
LEGISLATIVE ASSEMBLY ENVIRONMENTAL
COMMITTEE (2016-19) WITH RESPECT TO
KOTTAMALA- KURINJI -KOOMPAN HILLS IN
KOTTAYAM DISTRICT (OLACED BEFORE THE
LEGISLATIVE ASSEMBLY ON 14.3.2017)
Exhibit R4E THE TRUE COPY OF THE PLAINT IN OS NO-
202/2021 OF THE MUNSIFFS COURT PALA
Exhibit R4F THE TRUE COPY OF THE INJUNCTION ORDER DATED
10.9.2021
