Court holds petitioner entitled to regularise converted paddy land under amended Act 28 of 2008. Petitioner granted permission to use as dry land with 25% fair value remittance and right to seek reassessment.
Direction to District Collector to consider application, grant regularisation on remitting 25% fair value, and permit use as purayidam and dry land;
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937
WP(C).No. 766 of 2016 (U)
PETITIONER:
JOHNY, S/O.CHACKO, AGED 60 YEARS, PALLATHU NAMBYA PARAMBIL, KALAYANTHANI P.O., KARIKKOD VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT:
REVENUE DIVISIONAL OFFICER(R.D.O), IDUKKI, IDUKKI DISRTRICT-685 588.
BY SPECIAL GOVERNMENT PLEADER SRI.P.K.SOYUZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 766 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS :
| EXT.P1. | TRUE COPY OF THE TAX RECEIPT DATED 8/1/2014 ISSUED BY THE KARIKODE VILLAGE OFFICER IN CONNECTION WITH THE SAID PROPERTY. |
|---|---|
| EXT.P2. | TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27/2/2015 ISSUED BY THE KARIKODE VILLAGE OFFICER. |
| EXT.P3. | TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE KARIKODE VILLAGE OFFICER. |
| EXT.P4. | TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK ISSUED BY THE VILLAGE OFFICER, KARIKKODE VILLAGE. |
| EXT.P5. | TRUE COPY OF THE APPLICATION DATED 1/12/2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967. |
| EXT.P6. | TRUE COPY OF THE JUDGMENT OF THIS HONORUABLE COURT DATED 12.5.2015 IN WPC NO.14423/2015. |
| EXT.P7. | TRUE COPY OF THE SAID ORDER OF THE RESPONDENT DATED 4/12/2015. |
| EXT.P8. | TRUE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER. |
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
mbr/
A.MUHAMED MUSTAQUE, J.
Dated this the 12th day of February, 2016
JUDGMENT
The petitioner is the owner of the land having an extent
of 59 Ares situated in Survey No.63/2 of Karikkode Village,
Thodupuzha Taluk. The land was originally a paddy land.
This was irreversibly converted before the enactment of the
Act 28/2008. He planted rubber. He approached the Revenue Divisional Officer, Idukki under Clause 6 of the
Kerala Land Utilisation Order to utilise the land for other purposes. This was declined stating that it would affect nearby residential buildings.
This Court is of the view that the stand of the Revenue
Divisional Officer is unsustainable. However, in view of the
amendment to Act 28 of 2008 by incorporating Section 3A,
W.P.(C) No.766 of 2016 2
the petitioner is entitled to regularise the land. In the light of
the judgment of this Court in Somarajan V. District
Collector [2016(1) KLT 163], the following directions are
issued :
W.P.(C) No.766 of 2016 3
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
3 issues framed by the court
Whether petitioner’s application for land regularisation under Act 28 of 2008 shall succeed in view of the amendment incorporating Section 3A
Whether petitioner entitled to use regularised land as purayidam and dry land
Procedure for reassessment of land after regularisation order is issued under Section 6A of Kerala Land Tax Act, 1961
Colour shows how this judgement treated each authority
Somarajan V. District CollectorRelied on¶38
Somarajan V. District Collector [2016(1) KLT 163]
Kizhakkambalam Grama Panchayat v. MariummaRelied on¶46
Kizhakkambalam Grama Panchayat v. Mariumma [2015 (2) KLT 516]
4 provisions across 3 enactments
JOHNY, S/O.CHACKO
REVENUE DIVISIONAL OFFICER(R.D.O), IDUKKI
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
