Disposed

Rabiya K.M v. State of Kerala

Kerala HC10 Nov 2017WP(C)/1063/2017

Case brief

AI extract

What is this about?

Petitioner challenged inclusion of her property in the Data Bank under the Kerala Conservation of Paddy Land and Wetland Act, 2008, hindering other uses. Court held the Act does not apply to pre-conversion property. Petitioner permitted to apply under Kerala Land Utilization Order, 1967 for other use.

What did the court decide?

Petitioner permitted to prefer an application under Clause 6(2) of the Kerala Land Utilization Order, 1967 for permission to make use of the property for other purposes within one month.

Rabiya K.M Vs State of Kerala — Land Acquisition | Kerala HC (2017)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 10TH DAY OF NOVEMBER 2017/19TH KARTHIKA, 1939

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WP(C).No. 1063 of 2017 (G)

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PETITIONER(S):

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RABIYA K.M.,

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W/O.T.K. BERAVU, THAIVALAPPIL HOUSE, EDATHALA P.O., PIN-683 561, ERNAKULAM DISTRICT.

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BY ADVS.SMT.M.R.JAYALATHA, SMT.P.SREESHA.

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE LOCAL LEVEL MONITORING COMMITTEE, REP. BY ITS CONVENER AND AGRICULTURAL OFFICER, KRISHI BHAVAN, EDATHALA, EDATHALA P.O., ERNAKULAM-683 561.

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3. AGRICULTURAL OFFICER, KRISHI BHAVAN, EDATHALA, EDATHALA P.O., ERNAKULAM-683 561.

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4. THE VILLAGE OFFICER, ALUVA EAST VILLAGE, ALUVA P.O., ERNAKULAM DISTRICT-683 101.

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5. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT-682 030.

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BY GOVT. PLEADER SRI.K.J. MANURAJ.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 1063 of 2017 (G)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1- A TRUE COPIES OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER AND ADJACENT LANDS.

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EXHIBIT P2- A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY EDATHALA GRAMA PANCHAYATH DATED 07/04/2016.

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EXHIBIT P3- A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE THIRD RESPONDENT DATED 18/10/2016.

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EXHIBIT P4- A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE THE VILLAGE OFFICER DATED 18/10/2016.

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EXHIBIT P5- A TRUE COPY OF THE COMMUNICATION ISSUED BY THE EDATHALA GRAMA PANCHAYATH DATED 17/12/2016.

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EXHIBIT P6- A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PUBLISHED IN KERALA GAZETTE DATED 23/03/2012.

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EXHIBIT P7- A TRUE COPY OF THE APPLICATION DT.22/12/2016 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

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EXHIBIT P8A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE LOCAL LEVEL MONITORING COMMITTEE.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

P.B.SURESH KUMAR, J.

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-------------------------------------------W.P.(C).No.1063 of 2017

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--------------------------------------------------------------Dated this the 10^th day of November, 2017

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J U D G M E N T

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Petitioner owns an item of property. The grievance of the petitioner in the writ petition concerns the inclusion of the property in the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act') as a land converted prior to coming into force of the said Act. According to the petitioner, in the light of the said entry in the Data Bank, she is unable to make use of the property for other purposes. The petitioner, therefore, seeks appropriate directions in this regard.

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W.P.(c).No.1063 of 2017

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: 2 :

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Heard the learned counsel for the petitioner as also the learned Government Pleader.

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If the property of the petitioner is one converted prior to coming into force of the Act, the provisions of the Act do not apply to the property of the petitioner. If the provisions of the Act do not apply to the property of the petitioner, she is entitled to make use of the property for other purposes, including construction of buildings, after obtaining permission from the competent authority under the Kerala Land Utilization Order, 1967.

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The learned Government Pleader, on the basis of a report filed before this Court pursuant to an interim order, submitted that the property of the petitioner is one converted prior to coming into force of the Act.

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In the circumstances, the writ petition is disposed of permitting the petitioner to prefer an application under Clause 6(2) of the Kerala Land Utilization Order for permission to make use of the property for other purposes. If such an application is preferred by the petitioner before the

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W.P.(c).No.1063 of 2017 : 3 :

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fifth respondent within one month from the date of receipt of a copy of this judgment, the same shall be considered by the said officer, in the light of the decisions of this Court in Puthan Purakkal Joseph v. Sub Collector (2015(3) KLT 182) and Shivadasan v. Revenue Divisional Officer (2017(3) KLT 822), within one month thereafter. The petitioner shall also produce a copy of this judgment for compliance before the fifth respondent along with a copy of the writ petition as also the report filed by the respondents before this Court pursuant to the interim order passed in this matter.

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Sd/- P.B.SURESH KUMAR JUDGE

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rsr

Rabiya K.M v. State of Kerala

Case brief

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Rabiya K.M v. State of Kerala

Case brief

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