M.V.Mony v. District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 PETITIONER(S):

----------------------- M.V.MANI, AGED 56 YEARS, S/O.VELUKUTTY, MALAYAMKUNNATH HOUSE, (PO) NELLUVAI ERUMAPPETTY, THRISSUR DISTRICT.

BY ADV. SRI.P.BHASKARAN RESPONDENT(S):

-------------------------

1. THE DISTRICT COLLECTOR, THRISSUR-680 003.

2. THE THASILDAR, TALAPPILLY, POST WADAKANCHARY, THRISSUR DISTRICT, PIN-680 582.

3. THE VILLAGE OFFICER, KARIYANNUR VILLAGE, THRISSUR DISTRICT, PIN-680 582.

4. ERUMAPPETTY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POST ERUMAPPETTY, THRISSUR DISTRICT, PIN-680 583.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE SALE DEED NO.1877/98 DATED 1-12-1998 P2 :

TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER DATED 5-5-2015 P3 :

TRUE COPY OF THE BTR DATED 24-6-2015 ISSUED BY THE VILLAGE OFFICER, KARIYANNUR.

P4 :

TRUE COPY OF THE DATA BANK ISSUED BY THE REVENUE AUTHORITIES. P5 :

TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2002-03 DATED 4-6-2002.

P6 :

TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2003-04 DATED 6-5-2003.

P7 :

TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2004-05 DATED 17-4-2004.

P8 :

TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2006-07 DATED 15-7-2007 P9 :

TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2007-08 DATED 14-7-07 P10 : TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2008-09 DATED 19-7-2008 P11 : TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 20092010 DATED 8-6-2009 P12 : TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2010-11 DATED 24-9-2010 P13 : TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2011-12 DATED 27-8-11 P14 : TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2012-13 DATED 31-5-12 P15 : TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2013-14 DATED 24-6-13.

P16 : TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2014-15 DATED 7-6-2014.

....2/-

..2..

P17 : TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT FOR 2015-16 DATED 12-5-2015.

P18 : TRUE COPY OF THE CERTIFICATE IF REGISTRATION ISSUED BY THE COMMERCIAL TAX DEPARTMENT DATED 7-6-2007 P19 :

TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE DIC DATED 30-4-93.

P20 : TRUE COPY OF THE LICENCE ISSUED BY THE AUTHORITIES UNDER THE FACTORIES ACT 1948 DATED 13-6-95.

P21 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT. P22 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20-8-2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.27037 of 2015 ---------------------------------- Dated this the 8th day of September, 2015.

J U D G M E N T

The petitioner has approached the District Collector by Ext.P22. In Ext.P22, the petitioner has prayed for a change of entries in the BTR, apart from seeking the relief under Clause 6 of Kerala Land Utilisation Order.

2. In respect of the petitioner's prayer for correction in the BTR, the same cannot be granted by the District Collector in the light of the judgment of the Honourable Supreme Court in Revenue Divisional Officer Vs. Jalaja Dileep (2015(1)KLT 984(SC)). However, the District Collector shall consider the petitioner's request under Clause 6 of KLU Order for utilising the land for other purpose. The petitioner relies on Exts.P4, P5 and P6 and other documents to show the existence of factory building in the property. There shall be a direction to the respondent to take proper decision, after affording the petitioner an

W.P.(C)No.27037 of 2015 opportunity of being heard, within a period of 2 months of receipt of copy of this judgment.

Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge