Allowed

Sunil Kumar T v. the District Collector

Kerala HC15 Nov 2016WP(C)/19003/2016

Case brief

AI extract

What is this about?

Pettitioner sought reclassification of his land. Court held that since the land is listed as converted under the Paddy Land Act, it falls under the Kerala Land Utilization Order, 1967. Consequently, the Collector must grant conversion of user. The petitioner is now directed to file an application under the KLU Order and may subsequently apply for fresh tax assessment.

What did the court decide?

Writ petition allowed to the extent that the Respondents must process the petitioner's application for conversion of land user under the Kerala Land Utilization Order, 1967.

Sunil Kumar T Vs the District Collector — Land Acquisition | Kerala HC (2016)

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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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TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938

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WP(C).No. 19003 of 2016 (A)

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PETITIONER:

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SUNIL KUMAR T, S/O.MADHAVAN T., AGED 40 YEARS, THOTTIYIL HOUSE, EZHUVATHIRUTHY, PONNANI P.O., MALAPPURAM-679577.

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BY ADVS.SRI.SHOBY K.FRANCIS SMT.MISHAL M.DASAN

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM P.O.-676505.

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2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, THIRUR P.O., THIRUR, MALAPPURAM DISTRICT-676101.

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3. VILLAGE OFFICER, EZHUVATHIRUTHY VILLAGE, EZHUVATHIRUTHY, PONNANI P.O., MALAPPURAM-679577.

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4. LOCAL LEVEL MONITORING COMMITTEE (LLMC), REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN, EZHUVATHIRUTHY, BIYYAM P.O.-679589.

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BY SENIOR GOVERNMENT PLEADER SRI.RENIL ANTO

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 19003 of 2016 (A)

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APPENDIX

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PETITIONER(S)' --------------	EXHIBITS: ---------
EXHIBIT P1 :	TRUE COPY OF THE BASIC TAX RECEIPT DATED 13-4-2016 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P2 :	TRUE COPY OF THE BASIC TAX RECEIPT DATED 23-4-2016 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P3 :	TRUE COPY OF THE BASIC TAX RECEIPT DATED 23-4-2016 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P4 :	TRUE COPY OF THE DRAFT DATA BANK ENTRY PREPARED BY 4TH RESPONDENT DATED NIL.
EXHIBIT P5 :	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 1-9-2015 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6 :	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18-2-2016 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7 :	TRUE COPY OF THE REQUEST DATED 20-4-2016 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
RESPONDENT(S)' --------------	EXHIBITS& ANNEXURES: NIL ---------------------
ANNEXURE R4A:	TRUE COPY OF THE DATA BANK.
ANNEXURE R4B:	TRUE COPY OF THE PROCEEDINGS OF THE LLMC DATED 23.8.2016.
ANNEXURE R4C:	TRUE COPY OF THE BASIC TAX RECEIPT(BTR) RELATING TO THE SURVEY NO.40/14, 40/13 AND 41/11 OF EZHUVATHIRUTHY VILLAGE.
ANNEXURE R4D:	TRUE COPY OF THE PHOTOGRAPH TAKEN DURING INSPECTION BY THE LLMC.
	//TRUE COPY//
	P.S. TO JUDGE
mbr/

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K. Vinod Chandran, J

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---------------------------------------W.P.(C) No.19003 of 2016-A

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Dated this the 15^th day of November, 2016

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JUDGMENT

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The writ petition is filed seeking a mandamus directing the

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respondents to re-classify the petitioner's property as “reclaimed” or “dry land” or “paramba” for its effective utilization.

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The petitioner is the owner in possession of a property

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having an extent of 8.48 Ares (21 cents) in Survey Nos.40/11, 40/12, 40/13 and 41/11 of Ezhuvathiruthy Village. According to the petitioner, the properties in question were converted much before the Commencement of the Kerala Conservation of Paddy Land and Wet land Act, 2008 [for brevity “Paddy Land Act”]. The lie and nature of the land is as a dry land and is surrounded by houses and paramba, the petitioner contends. The data bank prepared in accordance with the Paddy Land Act, evidenced at Exhibit P4, also indicates that the properties in question were converted about 15-20 years back. However, the possession certificate issued to the petitioner, produced at Exhibit P5, shows the class of land as 'wet land'.

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WP(C) No.19003 of 2016 - 2 -

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As directed by this Court, the Local Level Monitoring Committee [for brevity “LLMC”] filed a report as to the lie and nature of the property, which is produced, along with some other documents, along with a statement filed by the 4^th respondent. The LLMC has inspected the property and it was reported that the property in question is seen fully converted prior to 20 years and that several grown trees are standing in the property. It is reiterated by the LLMC that the reclamation was made decades back. Along with the statement, the relevant portion of the data bank prepared under the Paddy Land Act is also produced as Annexure R4(a), which indicates that the property was converted about 3 to 20 years back.

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The Hon'ble Supreme Court in RDO v. Jalaja Dileep

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[2015(2) KHC 109(SC)] held so in paragraphs 17, 18 and 23:

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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 inter alia 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

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WP(C) No.19003 of 2016

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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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If a property is included in the Data Bank or the Draft Data Bank prepared under the Wet Land Act, 2008 as a "Paddy Land" or "Wetland" and the classification of land is noted as "Nilam" in revenue records, the provisions of the Act 28/2008 would apply. As noticed earlier, there is ample provision within the Act to grant permission for such land for residential purpose or public purpose as defined in the Act. And as elaborated earlier, if the property is not included in the Data Bank as "Paddy Land" or "Wetland" as defined under Act 28/2008, it is still governed by the provisions of KLU Order, 1967. Thus, State of Kerala has two Statutes - KLU Order, 1967 and Kerala Cultivation of Paddy Land and Wetland Act, 2008 each dealing with delineated areas with respect to preservation, management and process of reclamation of agricultural and paddy land for any other legitimate use.

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The respondents in all the appeals are directed to approach the competent authorities constituted under

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WP(C) No.19003 of 2016

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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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5. Hence only if the lands are included as “paddy land” or

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“wetland” in the data bank the same would be covered under that enactment and otherwise it would be covered under the Kerala Land Utilization Order 1967 [for brevity “KLU Order”]. As per the report filed in this case, in the data bank prepared in accordance with the Paddy Land Act the property in question is described as 'converted'. In such circumstance, what is required is only an application before the District Collector/RDO under the KLU Order for change of user of the land as has been held in Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182] . In the present case, going by the report of the Agricultural Officer that the land in question is described

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WP(C) No.19003 of 2016 - 5 -

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as 'converted' in the data bank prepared; if the petitioner files an application under Clause (6) of the KLU Order, necessarily the RDO has to grant the conversion of user as sought for. After conversion of user the petitioner could also apply for fresh assessment under the Kerala Land Tax Act, assessing the land as garden land as has been held in Kizhakkambalam Grama Panchayath V. Mariumma [2015 (2) KLT 516] .

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The writ petition would stand allowed to the above extent. Parties are left to suffer their respective costs.

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Sd/- K.Vinod Chandran Judge.

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vku/-

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[ true copy ]

Sunil Kumar T v. the District Collector

Case brief

What is this about?

What did the court decide?

Sunil Kumar T v. the District Collector

Case brief

What is this about?

What did the court decide?

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