JOJU JOSEPH Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner, who is the Managing Director of M/s.Meriya Petroleum Products Pvt. Ltd., Karikode, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1 st respondent Revenue Divisional Officer to issue a certificate certifying that the property having an extent of 5 Acres, situated in Survey No.236/2-3, 236/2-5, 236/2-6 of Thrikkalangode Village, Ernad Taluk in Malappuram District is garden land, as recorded in various revenue records in the office of respondents 1 and 3, in order to start construction of LPG Storage and Bottling Plant. The petitioner has also sought for an order directing the 1st respondent to issue him a 'nature of land certificate' in respect of the aforesaid land. The further relief sought for is a writ of mandamus commanding the 1 st respondent to consider Ext.P10 application dated 14.05.2019 and issue a certificate to the petitioner certifying that the aforesaid property having an extent of 5 Acres is purayidam/garden land and not an agricultural land.

(2.) Going by the averments in the writ petition, the petitioner has taken on lease the aforesaid property having an extent of 5 Acres on the strength of registered lease deed bearing No.4289/2018 of the Sub Registrar Office, Manjeri, for a period of 15 years from 14.09.2018. The said property, which is a garden land, was taken on lease for the purpose of starting LPG Storage and Bottling Plant, for the bottling of LPG cylinders of Government of India undertakings and for its transportation to various places. Relying on Ext.P1, P1(a) and P1(b) location certificates dated 18.09.2018 issued by the 3 rd respondent Village Officer, the petitioner would contend that the property in question is classified as garden land in revenue records. The document marked as Ext.P2 is the relevant extract of the Basic Tax Register maintained in Thrikkalangode Village Office, under Rule 4 of the Kerala Land Tax Rules, in which the property in question is described as purayidam/garden land. The property is classified as such in Exts.P3, P3(a) and P3(b) possession certificates dated 24.09.2018 and Exts.P4, P4(a) and P4(b) Thandaper Account Receipts issued by the 3rd respondent Village Officer; and also in Exts.P5, P5(a) and P5(b) Basic Tax Receipts dated 19.05.2018 issued from Thrikkalangode Village Office. Placing reliance on Ext.P6, which is a copy of the relevant page of the Data-Bank prepared under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the rules made thereunder, the petitioner would point out that the property in question is a purayidam/garden land and it is not a paddy land or wet land.

(3.) By Ext.P7 tender notification issued by the Indian Oil Corporation Ltd., digitally signed and sealed (encrypted) E- Tenders were invited in Two-bid System; (a) Part-I Technical Bid with Commercial Terms, without Price-Bid; and (b) Part-II, Price-Bid; for bottling assistance from private bottlers having ready build plant/willing to construct a new LPG bottling facility with a maximum capacity of 30,000 MT per annum. As per the said notification those bottling plants are for Public Sector Undertaking Oil Marketing Companies, namely, Bharath Petroleum Corporation, Hindustan Petroleum Corporation and Indian Oil Corporation.