Disposed

K.I.Ummer Khan v. State of Kerala

Kerala HC20 Dec 2014WP(C)/15452/2013

Case brief

AI extract

What is this about?

The Court set aside the petitioner's exclusion from land assignment for the petrol pump portion. Relying on a new Government Order recognizing petrol pumps as industrial activities, the judge ordered reconsideration for patta assignment within eight weeks.

What did the court decide?

Set aside the Government Order excluding petrol pump land from assignment. Direct respondents to reconsider assignment and produce exhibits within four weeks; complete assignment within eight weeks.

K.I.Ummer Khan Vs State of Kerala — Service and Employment | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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SATURDAY, THE 20TH DAY OF DECEMBER 2014/29TH AGRAHAYANA, 1936

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WP(C).No. 15452 of 2013 (F)

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PETITIONER(S):

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K.I.UMMER KHAN PROPRIETOR, M/S. TRIOZ FABRICATORS ENGINEERS AND CONSTRCTIONS, P.O. MUPPATHADOM INDUSTRIAL DEVELOPMENT AREA EDAYAR.

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BY ADV. SRI.T.H.ABDUL AZEEZ

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RESPONDENT(S):

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STATE OF KERALA REPRESENTED BY THE SECRETARY INDUSTRIES(F) DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

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R1 BY ADV. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL R BY GOVERNMENT PLEADER: SRI T P SAJID

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 15452 of 2013 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXT.P1 TRUE COPY OF THE G.O.(RT) NO. 1567/2013/ID DATED 19-4-13.

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EXT.P2 TRUE COPY OF THE CERTIFICATE DATED 16-3-2005 ISSUED BY THE DISTRICT MANAGER, INDUSTRIES CENTRE.

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EXT.P3 TRUE COPY OF THE COMMUNICATION NO. ID 5/12923/05 DATED 2-12-2005. EXT.P4 TRUE COPY OF THE GOVERNMENT SANCTION NO. 17/06/ID DATED 5-1-2006.

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EXTG.P5 TRUE COPY OF THE APPLICATION FOR ASSIGNMENT OF LAND ON REGISTYRY OF INDUSTRIAL PURPOSE MADE BY THE PETITIONER.

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EXT.P6 TRUE COPY OF THE COMMUNICATION NO. ID1/17473/10 DATED 14-7-2011. EXT P7 TRUE COPY OF LETTER DTD 24.06.2009 ISSUED BY THE CORPORATION TO THE PETITIONER

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EXT P8 TRUE COPY OF G.O(RT)NO.224/2014/ID DTD 19/02/2014

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RESPONDENT(S)' EXHIBITS:

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A.MUHAMED MUSTAQUE, J.

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=========================

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W.P(C).No.15452 of 2013F

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============================ Dated this the 20^th day of December, 2014

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JUDGMENT

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Petitioner has approached this Court aggrieved by Ext.P1 Government Order. Petitioner is the allottee of 60.450 cents of land in Survey Nos.100/1 and 131/4A in the Industrial Development Area, Edayar in Ernakulam district in the year 1976. Petitioner established a petrol pump with the sanction of the Government as seen from Ext.P4. Petitioner sought assignment of the land in the year 1976. There were several litigations. Ultimately as per Ext.P1 Government Order petitioner was given assignment excluding the portion of the land in which the petrol pump is functioning. The land in which the petrol pump is functioning excluded for assignment stating that it was sanctioned to the petitioner in relaxation of the Rules and running a petrol pump is not an industrial activity. Petitioner’s case is that he is entitled to get pattayam for the entire 60.450 cents and Ext.P1 is illegal. Petitioner submits that petroleum outlet is an industrial activity. The petitioner produced Ext.P8 Government order during the pendency of the Writ Petition.

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W.P(C).No.15452 of 2013F

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In Ext.P8, para 2it is stated as follows:

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“Government have examined the matter in detail and are pleased to adopt a policy decision to allot not more than 5% of the land area in Development Area/Development Plots under Directorate of Industries and Commerce in the State for service sector industries such as logistics, facilities including godown, food courts, hotel, canteen, conference hall, petrol/diesel pumps, cold storage etc and issue orders accordingly.”

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In view of the fact that the Government recognized

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petrol pump as an industrial activity, I am of the view Ext.P1 to the limited extent excluding assignment of patta in respect of land in which petrol pump is situated is liable to be set aside. Respondent shall reconsider the matter for assignment of patta in respect of area covered by the petrol pump in the light of Ext.P8. Needful shall be done within a period of eight weeks from the date of receipt of a copy of this judgment after hearing the petitioner. Petitioner shall also produce copy/original of Exts.P1 and P8 along with the judgment within a period of four weeks for compliance by the respondent.

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The writ petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Sbna/29/12/14

K.I.Ummer Khan v. State of Kerala

Case brief

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K.I.Ummer Khan v. State of Kerala

Case brief

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