ABDUL JALEED v. THE REVENUE DIVISIONAL OFFICER

BY ADVS. SRI.E.S.ASHRAF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28104 OF 2013 2 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 28104 of 2013 -------------------------------------- Dated this the 3rd day of January, 2024 JUDGMENT This Writ Petition (C) is filed with following prayers : “(i) Issue a writ of certiorari or any other writ order to quash Exhibit P7 (ii) Declare that the 1st respondent has got no authority to issue Exhibit P7 order with respect to the running industrial unit functioning in a garden land. (iii) Command the 1st respondent not to interfere with the functioning of the industrial unit of the petitioner. (iv) Issue any other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.” [SIC]

2. The petitioner is challenging Ext.P7 order passed by the Revenue Divisional Officer. It is an admitted fact that the proceedings initiated by the Panchayat in connection with the destruction of a 'thodu' was already quashed by the Tribunal for Local Self Government Institutions as per order dated

26.07.2021 in Appeal No. 392/2016. When this writ petition WP(C) NO. 28104 OF 2013 3 came up for consideration, this Court passed an interim order staying Ext.P7. It will be better to extract the same. “IA.No. 3555 of 2014 The prayer in this application is to vacate the interim order of stay passed by this Court. The records discloses that when the writ petition came up for admission hearing on

15.11.2013, this Court while ordering notice on admission to the fourth respondent and directing the learned Government Pleader to get instructions from respondents 1 to 3 passed an order directing status quo to be maintained. That order was in force only for a period of two weeks and has not been extended thereafter. In such circumstances, I am of the opinion that the instant application is misconceived. The application fails and is accordingly dismissed. W.P.(C).No. 28104 of 2013 Heard Sri.M.Sasindran, learned counsel appearing for the petitioner, Sri.K.C. Vincent, learned Senior Government Pleader appearing for respondents 1 to 3 and Sri.E.S.Ashraf, learned counsel appearing for the third respondent on the interim relief prayed for in the writ petition. The challenge in the instant writ petition is to Ext.P7 order passed by the Revenue Divisional Officer, Muvattupuzha whereby he prohibited the petitioner from running a hollow brick manufacturing unit. The only ground stated in Ext. P7 is that the land where the unit has been established is paddy land. In Ext.P5 report submitted WP(C) NO. 28104 OF 2013 4 by the Village Officer, Vazhakkulam Village on 9.6.2013 to the Revenue Divisional Officer it is stated that as per the village records the land where the brick manufacturing unit is situate is 'purayidam'. The petitioner also possessed a license issued under the Kerala Panchayaths Licensing (of Dangerous and Offensive Trades and Factories) Rules, 1996 and it was valid till 31.3.2012. The petitioner has averred that he has applied for renewal of the license but the application has neither been rejected nor granted and therefore it must be deemed that he possesses a valid license to run the unit. The learned Government Pleader appearing for the official respondents submitted that though the land is not included in the data bank prepared under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 in the basic tax register the classification of the land is shown as "nilam". The learned Government Pleader and the learned counsel appearing for the fourth respondent also invited my attention to Ext.R4(d) report submitted by the Village Officer to the Tahsildar on 17.10.2013. It is evident from Ext.R4(d) report that only a portion of the land where the brick manufacturing unit is situate is reclaimed land. The report does not disclose that the building where the brick manufacturing unit is functioning is situate in the reclaimed land. In such circumstances, I am of the opinion that the direction issued by the Revenue Divisional Officer in Ext.P7 is liable to be stayed. There will accordingly be an interim order as prayed for. Hand over to both sides on usual terms.” WP(C) NO. 28104 OF 2013 5

3. Now, in the light of the above order, I am of the considered opinion that Ext.P7 need not be retained. Ext.P7 can be quashed. If there is any statutory violation, the authorities concerned are free to proceed in accordance with the law. If any application for license is submitted by the petitioner before the Panchayat, the Panchayat will consider the same in the light of the above facts. Therefore, this writ petition is disposed of with the following directions : 1) Ext.P7 is set aside. 2) If there is any violation of statutory provisions, the authorities concerned are free to proceed in accordance with law. 3) The petitioner is free to approach the Panchayat concerned for renewal of the licence and if such an application is received, the Panchayat will consider the same in accordance with law in the light of this judgment. SKS SD/- P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 28104 OF 2013 6 APPENDIX OF WP(C) 28104/2013 PETITIONER EXHIBITS EXT.P1: A TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER DATED 1/7/2011. EXT.P1(A): A TRUE COPY OF THE OWNERSHIP CERTIFICATE IN RESPECT OF THE BUILDING IN THE PROPERTY. EXT.P2: A TRUE COPY OF THE COMMISSION REPORT DATED 2/9/2013 IN O.S NO.317 OF 2013 OF THE MUNSIFF'S COURT, PERUMBAVOOR. EXT.P3: A TRUE COPY OF THE NOTICE DATED 3/9/2013 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4: A TRUE COPY OF THE PETITION REFERRED TO IN EXT.P3. EXT.P5: A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 9/6/2013 SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER. EXT.P6: A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER. EXT.P7: A TRUE COPY OF THE ORDER NO.A3- 6506/13 DATED 23/10/2013 SERVED ON THE PETITIONER ON 11/11/2013. EXT.P8: COPY OF THE PHOTOGRAPHS OF THE PROPERTY.