State Of Kerala Rep. By Its ... vs M/S. Sun Shine Corporation Rep. By ...
2023 Latest Caselaw 10661 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                 &
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       WA NO. 1818 OF 2023
AGAINST THE JUDGMENT IN WP(C) 11580/2015 DATED 23.12.2015 OF HIGH
                         COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 4 IN W.P.(C):

    1     STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT,
          DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM., PIN -
          695001
    2     THE REVENUE DIVISIONAL OFFICER
          ALAPPUZHA., PIN - 688001
    3     THE TAHSILDAR
          AMBALAPUZHA., PIN - 688561
    4     THE VILLAGE OFFICER
          SOUTH ARYAD, ALAPPUZHA., PIN - 688006

          SR.GP. ASHWIN SETHUMADHAVAN


RESPONDENT/PETITIONER IN W.P.(C):

          M/S. SUN SHINE CORPORATION REP. BY ITS MANAGING
          PARTNER, ANTONY GEORGE
          CHURCH ROAD, PAZHAVANGADY, ALAPPUZHA., PIN - 688011

          BY ADV.M.R.ANISON




     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1818 OF 2023
                                    -2-

                              JUDGMENT

A.J.DESAI, C.J.

By way of the present appeal filed under Section 5 of the Kerala

High Court Act, along with an application filed under Section 5 of

the Limitation Act to condone the delay of 2801 days in filing the

appeal, the State has challenged the judgment dated 23.12.2015 in

W.P.(C)No.11580/2015.

2. Having heard the learned Counsel appearing for the State

authorities and also for the respondent, we are not inclined to

entertain this appeal, not only on the ground of undue delay but also

on the ground that, based on the direction in the judgment, an order

was passed, against which, proceedings are pending before this

Court. The judgment delivered by the learned Single Judge reads as

under:

"The petitioner is the owner of property comprised in ReSy.No.11 in Block No.177 B of Aryad South Village, Alppuzha. As seen from Ext.P2 this is not included in the draft data bank. The petitioner's case is that it is a dry land. Exts.P8 and P9 would show that it is located in 'industrial zone'.

2. In such a circumstances, this Court is of the WA NO. 1818 OF 2023

view that the petitioner is free to utilize the land in accordance with the law as it would not come into the ambit of either under the land utilization order or converted paddy land. However if the petitioner wants to assess the land tax, the petitioner is free to approach the Tahsildar for reassessment of land tax in terms of Section 6A of the Land Tax Act, based on the declaration of this Court. It is made clear that no restriction under the paddy or KLU would apply to the petitioner's land, the petitioner is free to use it as a dry land for all practical purposes. If any application is filed by the petitioner, the Tahsildar shall consider the application within one month from the date of receipt of the copy of this application."

In view of the above observations and the subsequent

developments, the writ appeal is dismissed.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE uu 16.10.2023