Disposed

Sujith N. Kamath v. State of Kerala

Kerala HC18 Sept 2014WP(C)/3041/2014

Case brief

AI extract

What is this about?

The petitioner sought direction to reclassify land as converted dry land and grant permission to use it for non-cultivational purposes. The court held the petitioner must approach the District Collector under Clause 6 of the Kerala Land Utilisation Order, 1967, which must consider the application within six weeks.

What did the court decide?

Petitioner directed to approach District Collector for permission under Clause 6 of the Kerala Land Utilisation Order, 1967; Collector to decide within six weeks.

Sujith N. Kamath Vs State of Kerala — Landlord and Tenant | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

THURSDAY, THE 18TH DAY OF SEPTEMBER 2014/27TH BHADRA, 1936

¶5

WP(C).No. 3041 of 2014 (E)

¶6

PETITIONER :

¶7

SUJITH N. KAMATH SON OF SRI.NARAYANA KAMATH, DOOR N.O XL/7171, T D ROAD ERNAKULAM-682035

¶8

BY ADVS.SRI.S.M.PREM SRI.P.RAMACHANDRAN (PALAKKAD)

¶9

RESPONDENTS :

¶10

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARAIT THIRUVANANTHAPURAM-695001

¶11

2. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI-682001.

¶12

3. THE TAHSILDAR KANAYANNUR TALUK, ERNAKULAM-682035

¶13

4. THE VILLAGE OFFICER

¶14

NADAMA VILLAGE, TRIPUNITHURA-682301

¶15

R1 TO R4 BY SPL. GOVT. PLEADER (REVENUE) SRI. P.K. SOYUZ

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

¶18

...2/-

¶19

WP(C).No. 3041 of 2014 (E)

¶20

APPENDIX

¶21

PETITIONERS' EXHIBITS :

¶22

EXT. P1:TRUE COPY OF THE APPLICATION DATED 1/1/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

¶23

EXT. P2:TRUE COPY OF THE DRAFT DATA BANK DETAILS PREPARED BY THE LOCAL LEVEL MONITORING COMMITTEE.

¶24

EXT. P3:TRUE COPY OF FAIR VALUE NOTIFICATION PUBLISHED BY THE REGISTRATION DEPARTMENT.

¶25

EXT. P4:TRUE COPY OF CERTIFICATE NO. PW2-683/14 DTD 25/1/2014 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT,TRIPUNITHURA MUNICIPALITY CERTIFYING THAT THE PETITIONER'S LAND IS WITHIN THE RESIDENTIAL ZONE.

¶26

RESPONDENT(S)' EXHIBITS :

¶27

EXT. R2(a) COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK.

//TRUE COPY//

P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J.

¶32

¶33

W.P.(C).No. 3041 of 2014

¶34

¶35

Dated this the 18^th day of September, 2014

¶36

¶37

The petitioner has approached this Court seeking for a

¶38

direction to the 2^nd respondent to reclassify the petitioner's land

¶39

as converted dry land instead of Nilam in the BTR. Petitioner is the absolute owner and title holder in possession and enjoyment of 84.60 Ares of land comprised in Survey Nos. 742/3, 742/4, 744, 746 and 747/2 of Nadama Village in Kanayannur Taluk of Ernakulam District. In the draft data bank the petitioner's property is shown as 'converted dry land'. It is submitted that the land in question is situated in the area ear marked as 'Residential Zone' in the Structural Plan (General Town Planning Scheme) prepared and notified for central city of Kochi.

¶40

Learned counsel for the petitioners submit that they

¶41

are entitled for a declaration from this Court in the light of the dictum laid down by this Court in Revenue Divisional Officer,

¶42

Fort Kochi and others v. Jalaja Dileep and another [2014

¶43

W.P.(C).No.3041 of 2014

¶44

¶45

(1) KLT 161) , to effectuate changes in the Basic Tax Register as the properties have been reclaimed long before the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short the “Act 28 of 2008”). It is further submitted, without prejudice to the petitioners' right as above, for seeking a

¶46

declaration, the petitioner is entitled to convert or utilise the above land for any other purposes other than for cultivating food crops, as these properties are no longer fit for any cultivation.

¶47

The Collector has power under clause (6) of the Kerala Land Utilisation Order, 1967 (for short, the “KLUO”) to grant permission to utilise such land for any other purposes. The Collector is defined under clause 2(a) of the KLUO which includes the Revenue Divisional Officer as well. Though the properties are reclaimed before the enactment of the Act 28 of 2008, nevertheless, if the land in question was under cultivation with any food crop either three years prior to the commencement of the KLUO or after its commencement, permission from the Collector is necessary for utilising the above land for any other purposes. This Court in Praveen K. v. Land Revenue

¶48

W.P.(C).No.3041 of 2014

¶49

¶50

Commissioner, Thiruvananthapuram and others [2010 (2)

¶51

KHC 499] held as follows:

¶52

“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.”

¶53

4. In Sunil v. Killimangalam Panjal 5th Ward,

¶54

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

¶55

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.

¶56

5. In Joseph John v. Land Revenue Commissioner

¶57

[2014 (1) KLT 706], it was held that reclamation or conversion of the land is not bar in considering the application under Clause 6

¶58

¶59

W.P.(C).No.3041 of 2014

¶60

of KLU order.

¶61

In the result this writ petition is disposed of as follows:

¶62

1. The petitioner shall approach the District Collector, Ernakulam with an application to utilise the land for any other purposes as contemplated under Clause 6 of the Kerala Land Utilization Order.

¶63