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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Scoobee Day Garments (India) Ltd – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
VIJU ABRAHAM, J.
Since a common issue is involved in both these writ petitions, they were heard and disposed of by a common judgment.
2. In W.P.(C)No.33560 of 2022, the petitioner challenges Ext.P18 order, whereas in W.P.(C)No.425 of 2023 the petitioner challenges Exts.P4 and P28 and seeks for a direction to respondents 2 to 3 to keep in abeyance all proceedings initiated against the petitioner's properties under Section 87 of the Kerala Land Reforms Act , till a final decision is taken and concluded on the application given by the petitioner to establish a Private Industrial Park, which is subject matter of W.P.(C)No.33560 of 2022.
3. Petitioner, a company with an intention to establish a "Private Industrial Park", purchased 52 acres of land by 7 registered documents executed between 31.10.1994 and 31.05.1996, situated in Palakkad District. As per Ext.P2 order produced in W.P.(C)No.33560 of 2022, permission was granted by the Revenue Divisional Officer under the Kerala Land Utilisation Order for setting up an industrial unit. The Private Industrial Park was sought to be established on the basis of Ext.P3 Scheme of the Government for establishment of Private Industrial Parks
Exemption from land ceiling limits under the Kerala Land Reforms Act is essential for the establishment of Private Industrial Parks, and conditions imposed by the government must align with establish....
Point of law: Under Section 81(3) of Kerala Land Reforms Act, Government can exempt any holding from provisions of ceiling area, for public purpose.
The fragmentation and sale of plantation lands without adherence to the Kerala Land Reforms Act's provisions is illegal, as such actions violate legislation aimed at agricultural land preservation.
Mandatory government permission is required for holding and transferring land in excess of ceiling limits under the Land Ceiling Act, with unauthorized sales deemed invalid.
Exemption orders under Section 20(1) of the Urban Land Ceiling Act remain valid post-repeal if no violation of conditions occurs, rendering withdrawal attempts unlawful.
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