Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945 WP(C) NO. 15783 OF 2023 PETITIONERS:
1 M/S. VERITAS NATURO PRIVATE LIMITED 6/303-A, PARATHODU. P.O., VELICHIYANI, KANJIRAPALLY, KOTTAYAM – 686 512, KERALA - REPRESENTED BY ITS DIRECTOR, JACOB GEORGE, S/O. LATE JAMES JACOB, AGED 46 YEARS, RESIDING AT KOLLAMKULAM HOUSE, PARATHODU.P.O., EDAKUNNAM VILLAGE, KOTTAYAM, PIN – 686 512 2 JACOB GEORGE, S/O. LATE JAMES JACOB, AGED 46 YEARS, RESIDING AT KOLLAMKULAM HOUSE, PARATHODU.P.O., EDAKUNNAM VILLAGE, KOTTAYAM ( DIRECTOR), PIN – 686 512 3 JOSEPH JAMES S/O. LATE JAMES JACOB, AGED 41 YEARS RESIDING AT KOLLAMKULAM HOUSE, PARATHODU.P.O., EDAKUNNAM VILLAGE, KOTTAYAM (DI RECTOR), PIN – 686 512 BY ADVS.
M.NARENDRA KUMAR B.RAJESH (KOTTAYAM) HARSHADEV M.
RESPONDENT:
PARATHODU GRAMA PANCHAYATH OFFICE OF THE PARATHODU GRAMA PANCHAYATH, EDAKUNNAM, PARATHODU. P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 686 512 BY ADV JUSTINE JACOB SMT. AMMINIKUTTY K. - SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) NO.15783 OF 2023 2 JUDGMENT Dated this the 21st day of July, 2023 The 1st petitioner is a Private Limited Company and petitioners 2 and 3 are its Directors. The petitioners proposes to start a factory for extraction of spices oil.
2.
The petitioners state that they have obtained Ext.P7 Acknowledgment Certificate issued by the District Industries Centre, Kottayam under Section 5(3) of the Kerala Micro, Small and Medium Enterprises Facilitation Act, 2019.
In view of Ext.P7 Acknowledgment Certificate, the petitioners are not bound to obtain any Licences/Permit/Consent under the specified enactments made by the Kerala legislature.
While the petitioners were taking preparatory works for starting the industry, the Secretary to the Grama Panchayat issued Ext.P1 letter to the petitioners stating that no
W.P(C) NO.15783 OF 2023 3 constructions can be made in the property of the petitioners since the land is described as “Thottam” in the Revenue records.
3.
Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel denied all the material allegations made by the petitioners in the writ petition.
On behalf of the respondents, it is submitted that the petitioners submitted an application for Building Permit. When the documents were perused, it was found that the land is described as “Thottam” (Plantation Land) in the Revenue records. It is in the said circumstances that Ext.P1 has been issued.
4.
I have heard the learned Counsel for the petitioners and the learned Standing Counsel representing the respondents.
5.
It is evident from the pleadings that the petitioners have obtained Ext.P7 Acknowledgment Certificate from the
W.P(C) NO.15783 OF 2023 4 District Industries Centre, Kottayam under the provisions of the Kerala Micro, Small and Medium Enterprises Facilitation Act, 2019. In view of the provisions of the Act, 2019, the Acknowledgment Certificate entails exemption from approval under various enactments mentioned in the Act. The Kerala Panchayat Raj Act, 1994 is one of the Acts made mention in the Act. Therefore, the petitioners are entitled exemptions from all such requirements falling under the Kerala Panchayat Raj Act to the extends provided by the Act, 2019. As regards Ext.P1 letter issued to the petitioners, this Court has considered the issue as to the legality of building constructions in exempted lands under the Land Reforms Act.
6.
In Kunalur Rocks Sand v. State of Kerala [2021 (2) KLT 351], this Court held that there is no prohibition in using an exempted land under the Kerala Land Reforms Act for a different purpose. And if the exempted land is utilised for any other purpose, it may fall within one’s ceiling area and the
W.P(C) NO.15783 OF 2023 5 authorities may be able to initiate ceiling proceedings. But, that cannot be a reason to decline permission for using the land for another purpose. The judgment of this Court in Mathew K. Jacob and another v. District Environmental Impact Assessment Authority, Kottayam [2018 (4) KLT 913 (FB)] also support this Court’s decision.
7.
In view of the law laid down by this Court as indicated above, Ext.P1 communication of the Secretary to the Panchayat cannot stand the scrutiny of law. Ext.P1 is therefore set aside.
The writ petition is disposed of as above.
Sd/- N.NAGARESH JUDGE ded
W.P(C) NO.15783 OF 2023 6 APPENDIX OF WP(C) 15783/2023 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER NO.
400531 /BPMC02 /GPO/ 2023/ 1947/(1) DATED 25.03.2023 ISSUED BY THE RESPONDENT EXHIBIT P2 THE TRUE COPY OF THE LEASE DEED NO.
279/1/2023 OF SRO, KOOVAPPALLY EXHIBIT P2(A) TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 06.05.2023 ISSUED BY THE RESPONDENT EXHIBIT P2(B) TRUE COPY OF THE PROPERTY TAX RECEIPT NO.6057211006002 DATED 06.05.2023 ISSUED BY THE RESPONDENT EXHIBIT P3 THE TRUE COPY OF CERTIFICATE OF INCORPORATION ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF CORPORATE AFFAIRS DATED 23.07.2019 EXHIBIT P4 THE TRUE COPY OF UDAYAM REGISTRATION CERTIFICATE DATED 13.09.2022 ISSUED BY MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES EXHIBIT P5 THE TRUE COPY OF GST REGISTRATION CERTIFICATE BEARING NO.
32AAHCV0315M2ZF DATED 16.06.2021 EXHIBIT P6 THE TRUE COPY OF IMPORTER-EXPORTER CODE BEARING NO. AAHCV0315M, ISSUE DATE 30.12.2019 ISSUED BY MINISTRY OF COMMERCE AND INDUSTRIES, GOVERNMENT OF INDIA EXHIBIT P7 THE TRUE COPY OF ACKNOWLEDGEMENT CERTIFICATE DATED 30.03.2023 ISSUED BY DISTRICT INDUSTRIES CENTRE, KOTTAYAM, DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVT. OF KERALA UNDER SECTION 5 (3) OF THE KERALA MICRO SMALL MEDIUM ENTERPRISES FACILITATION ACT, 2019
W.P(C) NO.15783 OF 2023 7 EXHIBIT P8 THE TRUE COPY OF LICENCE ISSUED BY PARATHODU GRAMA PANCHAYAT UNDER S.232, S.233, S.234 AND S.254 READ WITH RELEVANT RULES OF PANCHAYAT RAJ ACT & RULES DATED 30.03.2023 EXHIBIT P9 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 10.3.2023 EXHIBIT P10 THE TRUE COPY OF THE PLAN ACCOMPANIED EXHIBIT P9 EXHIBIT P11 TRUE COPY OF THE TAX RECEIPT ISSUED BY EDAKUNNAM VILLAGE OFFICER DATED 20.04.2023 EXHIBIT P12 TRUE COPY OF THE LOCATION PLAN ISSUED BY THE VILLAGE OFFICER, EDAKUNNAM VILLAGE OFFICE, DATED 04.09.2019 EXHIBIT P13 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY EDAKUNNAM VILLAGE OFFICER DATED 22.02.2023