M/S FAIRLEAD LOGISTICS & TRADERS (P) LTD. and others v. STATE OF KERALA and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE** ## **FRIDAY, THE 21ST DAY OF NOVEMBER 2014/30TH KARTHIKA, 1936** ## **WP(C).No.27298 of 2014 (J)** **-----------------------------------------** **PETITIONERS:** **---------------------** **1. M/S.FAIRLEAD LOGISTICS & TRADERS (P) LTD. 33/2440E,COMPASS,N.H.BYPASS,THAMMANAM, ERNAKULAM DISTRICT,REP. BY ITS MANAGING DIRECTOR SELIL MOIDEEN.** **2. M/S.FLOODGATES WAREHOUSING PVT.LTD. 332/21,SHINE LAND,KADAVATH ROAD, NORTH PARAVUR,ERNAKULAM DISTRICT, REP. BY ITS MANAGING DIRECTOR ANIL JACOB VARGHESE REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN,M.D, FAIRELEAD LOGISTICS & TRADERS (P) LTD.,33/2440E, COMPASS, N.H.BYEPASS,THAMMANAM,ERNAKULAM DISTRICT.** **3. M/S.MOMENTAM LOGISTICS PVT.LTD. TC 2/1105, POORNIMA SPACE COTTAGES, RAILWAY STATION ROAD,KAZHAKKOOTTAM THIRUVANANTHAPURAM,REP. BY ITS DIRECTOR NARAYANAN BABUKUMAR,REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN,M.D,FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E,COMPASS,N.H.BYEPASS,THAMMANAM, ERNAKULAM DISTRICT.** **4. M/S.CONNECT WAREHOUSING PVT.LTD. 18/426,RANGATH HOUSE,THOZHIYOOR, CHAVAKKAD,THRISSUR,REP. BY ITS MANAGING DIRECTOR NAVAS RANGATH, REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN,M.D,FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E,COMPASS,N.H.BYEPASS,THAMMANAM, ERNAKULAM DISTRICT.** **5. M/S.SEVEN TECH LOGISTICS PVT. LTD. FLAT NO.7B,SERENE THE ORCHARD,VIDYANAGAR, KADAVANTHRA,ERNAKULAM,REP. BY ITS DIRECTOR SONEY JOHN REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN,M.D, FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E COMPASS,N.H.BYEPASS,THAMMANAM,ERNAKULAM DISTRICT.** **pto** **...2...** ## **W.P(C)NO.27298/2014** **6. M/S H.K.WARE HOUSING (INDIA) PVT. LTD. GOKUL,14 7 PTP NAGAR,THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR JAYASREE HARIKUMAR, REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN,M.D, FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E, COMPASS,N.H.BYEPASS,THAMMANAM,ERNAKULAM DISTRICT.** **7. M/S.ADI LOGISTICS & WARE HOUSING PVT. LTD. X/269,VADAKKUZHIYIL HOUSE,AMBALAPPUZHA, REP. BY ITS MANAGING DIRECTOR B.DINESH KUMAR REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN,M.D FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E COMPASS,N.H.BYEPASS,THAMMANAM,ERNAKULAM DISTRICT.** **8. M/S.FOUR SQUARE LOGISTICS PVT.LTD.111/359, POLAKULATH HOUSE,ELAMKUNNAPUZHA, ERNAKULAM DISTRICT,REP. BY ITS MANAGING DIRECTOR P.G.KRISHNA KUMAR,REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN,M.D,FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E,COMPASS,N.H.BYEPASS,THAMMANAM, ERNAKULAM DISTRICT.** **9. M/S.SEVEN SQUARE WARE HOUSING PVT.LTD. PADIKKALA KANDIYIL HOUSE,PONNIAM.P.O., THALASSERY,KANNUR DISTRICT,REP. BY ITS MANAGING DIRECTOR ASHRAF C.PUNNOLI, REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN,M.D, FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E COMPASS,N.H.BYEPASS,THAMMANAM,ERNAKULAM DISTRICT.** **10. M/S.G & C INFRA INVEST PVT.LTD.1-64, DIAMOND DISTRICT, AIRPORT ROAD,KODIHALLI,BANGALORE-560 008 REP. BY ITS MANAGING DIRECTOR ATLURI VEERARAGHAVA ROYCHOWDARY,REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN, M.D,FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E COMPASS,N.H.BYEPASS,THAMMANAM,ERNAKULAM DISTRICT.** **11. M/S FALCON WARE HOUSING PVT.LTD. 39/4669,FALCON COMPLEX KARIMPATTA ROAD, PALLIMUKKU,ERNAKULAM DISTRICT REP. BY ITS MANAGING DIRECTOR MUHAMMED SHAKKEER REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN, M.D FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E COMPASS, N.H.BYEPASS, THAMMANAM ERNAKULAM DISTRICT.** **12. UNILOG LOGISTICS & WARE HOUSING PVT.LTD. ABAD MARINE PLAZA, MARINE DRIVE, ERNAKULAM DISTRICT REP. BY ITS DIRECTOR SHIBU CHARLEY REP. BY POWER OF ATTORNEY HOLDER SELIL MOIDEEN, M.D FAIRELEAD LOGISTICS & TRADERS (P) LTD., 33/2440E COMPASS, N.H.BYEPASS,THAMMANAM,ERNAKULAM DISTRICT.** **pto** **...3...** **W.P(C)NO.27298/2014** **BY DR.K.P.SATHEESAN (SENIOR ADVOCATE.) ADVS.SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.SIDDHARTH KRISHNAN** **RESPONDENTS:** **------------------------** **1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2. THE DISTRICT COLLECTOR,COLLECTORATE,ERNAKULAM.** **3. THE TAHSILDAR,TALUK OFFICE,PARAVUR TALUK, NORTH PARAVUR,ERNAKULAM.** **4. THE VILLAGE OFFICER,KOTTUVALLY VILLAGE, NORTH PARAVUR,ERNAKULAM DISTRICT.** **5. LOCAL LEVEL MONITORING COMMITTEE, KOTTUVALLY GRAMA PANCHAYAT, KOTTUVALLY,ERNAKULAM DISTRICT.** **6. KOTTUVALLY GRAMA PANCHAYAT, REP. BY ITS SECRETARY,KOTTUVALLY, ERNAKULAM DISTRICT.** **R1 TO R4 BY SPECIAL GOVT. PLEADER SRI.P.K.SOYUZ(REVENUE)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **pk** ## **WP(C).No.27298 of 2014 (J)** **--------------------------------------** ## **APPENDIX** ## **PETITIONERS EXHIBITS:** **-----------------------------------** **EXT.P1:TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 2ND PETITIONER.** **EXT.P1(a):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 3RD PETITIONER.** **EXT.P1(b):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 4TH PETITIONER.** **EXT.P1(c):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 5TH PETITIONER.** **EXT.P1(d):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 6TH PETITIONER.** **Ext.P1(e):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 7TH PETITIONER.** **EXT.P1(f):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 8TH PETITIONER.** **EXT.P1(g):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 9TH PETITIONER.** **EXT.P1(h):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 10TH PETITIONER.** **EXT.P1(i):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 11TH PETITIONER.** **EXT.P1(j):TRUE COPY OF POWER OF ATTORNEY ISSUED TO THE 1ST PETITIONER BY THE 12TH PETITIONER.** **EXT.P2:TRUE COPY OF TAX RECEIPT ISSUED TO THE 1ST PETITIONER. EXT.P2(a):TRUE COPY OF TAX RECEIPT ISSUED TO THE 2ND PETITIONER. EXT.P2(b):TRUE COPY OF TAX RECEIPT ISSUED TO THE 3RD PETITIONER. EXT.P2(c):TRUE COPY OF TAX RECEIPT ISSUED TO THE 4TH PETITIONER. EXT.P2(d):TRUE COPY OF TAX RECEIPT ISSUED TO THE 5TH PETITIONER. EXT.P2(e):TRUE COPY OF TAX RECEIPT ISSUED TO THE 6TH PETITIONER. EXT.P2(f):TRUE COPY OF TAX RECEIPT ISSUED TO THE 7TH PETITIONER. EXT.P2(g):TRUE COPY OF TAX RECEIPT ISSUED TO THE 8TH PETITIONER.** **Pto** ## **WP(C).No.27298 of 2014 (J)** **EXT.P2(h):TRUE COPY OF TAX RECEIPT ISSUED TO THE 9TH PETITIONER. EXT.P2(i):TRUE COPY OF TAX RECEIPT ISSUED TO THE 10TH PETITIONER. EXT.P2(j):TRUE COPY OF TAX RECEIPT ISSUED TO THE 11TH PETITIONER. EXT.P2(k):TRUE COPY OF TAX RECEIPT ISSUED TO THE 12TH PETITIONER. EXT.P3:TRUE COPY OF BUILDING PERMIT ISSUED TO THE 6TH PETITIONER. EXT.P3(a):TRUE COPY OF BUILDING PERMIT ISSUED TO THE 7TH PETITIONER. EXT.P3(b):TRUE COPY OF BUILDING PERMIT ISSUED TO THE 10TH PETITIONER.** **EXT.P4:TRUE COPY OF THE PHOTOGRAPHS SHOWING THE NATURE OF THE PROPERTY.** **EXT.P4(a):TRUE COPY OF THE PHOTOGRAPHS SHOWING THE NATURE OF THE PROPERTY.** - **EXT.P5:TRUE COPY OF REPORT SUBMITTED BY VILLAGE OFFICER IN RESPECT OF THE PROPERTIES.** **EXT.P6:TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE COLLECTOR.** **EXT.P6(a):TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE COLLECTOR ON BAHALF OF THE OTHER PETITIONERS.** **EXT.P7:TRUE COPY OF THE REPORT SUBMITTD BY THE TAHSILDAR BEFORE THE DISTRICT COLLECTOR.** **RESPONDENTS EXHIBITS: NIL** **--------------------------------------** ## **//TRUE COPY//** **P.S. TO JUDGE** **pk** ## **A.MUHAMED MUSTAQUE, J.** **--------------------------------------------** **==> picture [180 x 14] intentionally omitted <==** ---------------------------------------------------- **Dated this the 21[st] day of November, 2014** **J U D G M E N T -----------------------** The petitioners 1 to 12 are having absolute ownership and possession of total 219.039 ares of land lying together with a common compound wall in Kottuvally Village, Paravur Taluk, Ernakulam District. The 1[st] petitioner is in absolute owner ship of 59.148 ares of land lying in Sy.Nos.398/1A, 1, 329/1A 396, 398/3. 398/4, 398/3 329 1A, 329/1A 407, 398/1A5-1, 398/5, 397/1A4-1 in Kottuvally Village in Paravur Taluk. The 2[nd] petitioner is in absolute ownership of 3.541 ares of land in Sy.Nos.398/1A1, 398/1A3 of Kottuvally Village. The 3[rd] petitioner is in absolute ownership and possession of 9.011 ares of land in Sy.Nos.398/1A1, 398/1A3, 398/1A4, 398/1A5 of Kottuvally Village. The 4[th] petitioner is in absolute ownership and possession 15.18 ares of land in Sy.Nos.398/4 of Kottuvally Village. The 5[th] petitioner is in absolute ownership and possession of 7.59 ares of land in Sy.Nos.398/3, 398/4 of Kottuvally Village. Petitioners submit that they are **2** ## W.P.(C).No.27298 of 2014 entitled for declaration in view of the judgment of this Court in **Revenue Divisional Officer, Fort Kochi and others v. Jalaja Dileep and another [2014 (1) KLT 161)** to classify the above land as dry land. According to the petitioner, this property is shown as 'nilam' in the BTR. It is submitted that the entire property is lying as Purayidam and the same has been reclaimed before the enactment of Kerala Conservation of Paddy Land and Wet Land Act, 2008. However it is submitted that without prejudice to the above claim of the petitioners the petitioners may be permitted to approach the District Collector Ernakulam for reclaiming the land for other purposes in terms of Clause 6 Kerala Land Utilisation Order. 2. The learned Government Pleader on instructions would submit that out of the above property, the property situated in 329/ 1A having an extent of 1 Acre 2 cents is a paddy land in draft data bank. It is also submitted that another extent of 18 cents is classified as wet land in draft data bank. Therefore, the petitioners ## W.P.(C).No.27298 of 2014 **3** request in terms of Kerala Land Utilisation Order cannot be considered. 3. It is admitted now the property mentioned except the property mentioned in paragraph 2 has not been classified as nilam or wet land in the draft data bank. Therefore, there is no impediment in law granting permission if so required under Clause 6 of the Kerala Land Utilisation Order. 4. This Court in **Praveen K. v. Land Revenue Commissioner, Thiruvananthapuram and others [2010 (2) KHC 499]** held as follows: “If an application is made under the Kerala Land Utilisation Order, the same is not liable to be dismissed before an enquiry is held by the concerned authority under the Act and a finding is entered that the land in respect of which the application is made is a paddy land or a wetland. If the land is not found to be paddy land or wetland, application has to be considered as per the provisions of the KLU.” ## 5. In **Sunil v. Killimangalam Panjal 5th Ward,** **4** W.P.(C).No.27298 of 2014 ## **Nellulpadaka Samooham [2012 (4) KLT 511]** another Division Bench of this Court held that permission under clause 6 can be granted for construction of building for industrial purposes also. In **Praveen's** case ( _supra_ ) also this Court laid down the manner in which an application under clause 6 of the KLUO has to be dealt with by the Collector. 6. In **Joseph John v. Land Revenue Commissioner** [2014 (1) KLT 706], it was held that reclamation or conversion of the land is not bar in considerin 7. The 1[st] petitioner submits that the property situated in 329/1A having an extent of 1 Acre 2 cents classified as nilam and 18 cents classified as wet land, the petitioner shall be given liberty to approach the Local Level Monitoring Committee. Therefore, the petitioner shall approach the Local Level Monitoring Committee to correct the details of the above land in draft data bank within two weeks from the date of receipt of a copy of this judgment. If the petitioner files such an application before the Local Level W.P.(C).No.27298 of 2014 **5** Monitoring Committee, the Local Level Monitoring Committee shall conduct a site inspection and find out whether this property can be treated as nilam or wet land as on the date of enactment of Act 28 of 2008. If this property cannot be treated as 'nilam' or wetland as on the enactment of Act 28 of 2008, necessarily the corresponding changes have to be effected in the draft data bank. However it is made clear that without any decision by the Local Level Monitoring Committee, the petitioner shall not reclaim any portion of property situated in Survey No.329/1 1A. It is open for the petitioner to approach the District Collector once the Local the Local Level Monitoring Committee had taken a decision to correct the details in the draft data bank to utilise the land situated in Resurvey No.329/1A under the Kerala Land Utilisation or utilise for other purposes. However, the petitioner has already approached the District Collector, Ernakulam by Exts.P6 and P6(a) for utilising the land for other purposes. The District Collector shall consider the **6** W.P.(C).No.27298 of 2014 above application other than the property situated in Resurvey No.329/1A under the Kerala Land Utilisation Order. The property in Resurvey No.329/1A need be considered only in the event Local Level Monitoring Committee taken a decision to classify the land. Therefore, the District Collector shall advert into the aforementioned judgments and consider the application in terms of Kerala Land Utilisation Order within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. **A.MUHAMED MUSTAQUE, JUDGE** jm/