Disposed

Sunny v. State of Kerala

Kerala HC18 Jun 2015WP(C)/4127/2014

Case brief

AI extract

What is this about?

Petitioner sought change in land classification from wet to dry land utilised prior to Paddy Land Act 2008. Court ruled to approach authorities under KLU Order 1967 for conversion and directed fresh tax assessment after physical inspection based on Dileep Kumar case. Petition disposed.

What did the court decide?

Petitioner directed to approach authorities under KLU Order 1967; fresh tax assessment permitted after physical inspection finding; no order on costs.

Sunny Vs State of Kerala — Land Acquisition | Kerala HC (2015)

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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 K.VINOD CHANDRAN

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THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937

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WP(C).No. 4127 of 2014 (M)

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PETITIONER(S):

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-------------

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SUNNY PALATTY, THURAVOOR VILLAGE, KIDANGOOR P.O., ALWAYE, PIN-683 572.

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BY ADVS.SMT.K.P.SANTHI, SMT.BEENA JOHN & SMT.K.VINAYA.

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RESPONDENT(S) :

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1. STATE OF KERALA

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REP BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. DISTRICT COLLECTOR, ERNAKULAM-682 030.

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3. THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, FORT KOCHI-682 001.

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BY GOVERNMENT PLEADER SRI.MANOJ P. KUNJACHAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rvs.

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WP(C).No. 4127 of 2014 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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----------------------

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EXT. P1:- TRUE COPY OF THE APPLICATION DTD 19/9/2013 SUBMITTED TO THE 3RD RESPONDENT.

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EXT. P2:- TRUE COPY OF THE FAIR VALUE REGISTER.

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EXT. P3:- TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK.

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EXT. P4:- TRUE COPY OF THE REPRESENTATION DATED 20/05/2015 SUBMITTED TO THE 3RD RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

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NIL.

/TRUE COPY/

P.A.TO JUDGE

RVS.

K. VINOD CHANDRAN, J

- - - - -- - - - - - - - - - - - - - - - W.P(C) No. 4127 of 2014

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Dated this the 18^th day of June, 2015

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The petitioner is the owner of 50.25 Ares of land

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comprised in Block No.11, Re-survey Nos.469/2-2, 560/3, 560/4, 5, 6,,7,8,12 and 12- 2 of Angamaly K S Village, Alwaye Taluk,which are said to be 'garden land' but however described in the revenue records as paddy land/wet land. The petitioner contends that the land is converted dry land since 1960. Even in the Draft Data Bank prepared under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as the 'Paddy Land Act') the property is shown as converted land.

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The Supreme Court in RDO v. Jalaja Dileep - 2015 (2) KHC 109(SC) considered the issue of rectification of description in the Basic Tax Register and held that the same is not permissible. However, with respect to conversion and utilisation of lands which are not covered or were converted prior

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WPC.No.4127/2014

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: 2 :

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to bringing into force of the Paddy Land Act it was held so in paragraphs

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17 and 23, which are extracted hereunder:

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“17. ''Paddy land” and “Wetlands” are defined under Sections 2 (xii) and 2 (xviii) of the Act respectively. As per Section 5(4), the Committee shall interalia prepare a data Bank with details of cultivable paddy land within the jurisdiction of the Committee. If the land is not included in the Data Bank or Draft Data Bank prepared under the Kerala Cultivation of Paddy Land and Wetland Act, 2008 and if it is not a “Paddy Land” or “Wetland” as defined under Act 28 of 2008, at the time of commencement of the Act 12 of 2008 and the classification of land is noted as “Nilam” in the revenue records, the provision of Kerala Land Utilization Order 1967 will be applicable to such land and the Collector as defined in clause 2(a) of KLU Order 1967 has the power to grant permission to utilize the land for other purposes. As stated in clause 2(a) of KLU Order, Collectors shall examine such request for residential purpose, on merits on a case to case basis. However, with a view to prevent indiscriminate filling of Paddy Lands in the State, the Government have also prescribed certain restrictions in the Notification dated 5.2.2002 noted (supra), in which District Collectors have been directed interalia to ensure that the conversions which are likely to render irrigation investments infructuous and large scale conversion for commercial purpose are not allowed.

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WPC.No.4127/2014

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The respondents in all the appeals are directed to approach the competent authorities constituted under KLU Order 1967/ Kerala Conservation of Paddy Land and Wetland Act 2008 as the case may be for conversion of the land. When the respondents approach the concerned authorities constituted under the above statutes, the concerned authorities shall consider the application of the respondents in accordance with the relevant provisions of the statutes and also the notification G.O.(Rt).No.157/2002/Ad dated 5.2.2002 already extracted above in para 11 and in accordance with law keeping in view the factual position that may be brought to the notice of the authorities along with material to substantiate their claim. In the facts and circumstances of the case, we make no order as to costs.”

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In such circumstances, no rectification of the Basic Tax

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Register could be made. The petitioner has a contention that the land though included in the Data Bank prepared under the Paddy Land Act for the area, the Data Bank itself indicates it to have been converted; prior to the Act of 2008. The petitioner then has to approach the appropriate authority under the Kerala Land Utilisation Order 1967 for changed utilisation of the land. Such an application is filed at Ext.P6. If the property is found to be utilised for a different purpose prior to the Paddy

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WPC.No.4127/2014

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: 4 :

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Land Act, the consideration shall be made, if necessary, after a physical inspection and concluded by a speaking order within two months from the date of production of the certified copy of this judgment, in accordance with Dileep Kumar v. State of Kerala - 2014 (4) KLT 200. Subsequent to

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such a finding the petitioner could also approach the appropriate authority under the Kerala Land Tax Act for fresh assessment of the land, as directed to be utilised under the KLU order, as has been held in

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Kizhakkambalam Grama Panchayath V. Mariumma - 2015(2) KLT 516.

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Writ Petition is disposed of.

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Sd/(K. VINOD CHANDRAN, JUDGE)

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jma

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//true copy//

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P.A to Judge

Sunny v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sunny v. State of Kerala

Case brief

What is this about?

What did the court decide?

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