Allowed

Manager, Carmel Academy (Icse School) v. the District Collector

Kerala HC22 Sept 2017WP(C)/30380/2017

Case brief

AI extract

What is this about?

The Kerala High Court allowed the petitioner school's writ petition seeking permission to use paddy land for a school building. The Court directed the Revenue Divisional Officer to pass orders on the application within one month, citing the Local Level Monitoring Committee's supportive order and precedent, noting that a government circular restricting such permissions had already been interfered w

What did the court decide?

The second respondent (Revenue Divisional Officer) was directed to pass orders on the petitioner's application within one month.

Manager, Carmel Academy (Icse School) Vs the… — Education and Admissions | 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 22ND DAY OF SEPTEMBER 2017/31ST BHADRA, 1939

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WP(C).No. 30380 of 2017 (V)

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PETITIONER(S):

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1. MANAGER, CARMEL ACADEMY (ICSE SCHOOL),

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CHALAKKUDY, THRISSUR-680 307.

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2. THE PRINCIPAL, CARMEL ACADEMY (ICSE SCHOOL),

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CHALAKKUDY, THRISSUR-680 307.

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BY ADV. SRI.K.PRAVEEN KUMAR

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, THRISSUR-680 003.

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2. THE REVENUE DIVISIONAL OFFICER, THRISSUR-680 003.

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3. THE LOCAL LEVEL MONITORING COMMITTEE, CHALAKKUDY MUNICIPALITY, REPRESENTED BY ITS CONVENER, (THE AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN, CHALAKKUDY, THRISSUR-680 307).

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4. THE VILLAGE OFFICER, EAST CHALAKKUDY VILLAGE, CHALAKKUDY-680 307.

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5. THE CHALAKKUDY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHALAKKUDY, THRISSUR-680 307.

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R1 TO R4 BY GOVERNMENT PLEADER SRI.RAVIKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 30380 of 2017 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1- TRUE COPY OF THE NOTICE DATED 18/07/2016 OF THE 1ST RESPONDENT.

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EXHIBIT P2- TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT.

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EXHIBIT P3- TRUE COPY OF THE NOTICE DATED 26/07/2016 OF THE 2ND RESPONDENT.

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EXHIBIT P4- TRUE COPY OF THE JUDGMENT DATED 31/08/2016 OF THIS HON'BLE COURT IN W.P.(C)NO.26671/16.

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EXHIBIT P5- TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 25/04/2017.

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EXHIBIT P6- TRUE COPY OF THE REPRESENTATION DATED 05/05/2017 SENT BY THE 2ND PETITIONER TO THE 2ND RESPONDENT.

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EXHIBIT P7- TRUE COPY OF THE COMMUNICATION DATED 11/05/2017 OF THE 2ND RESPONDENT.

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EXHIBIT P8- TRUE COPY OF THE REPORT OF THE REPORT/COMMUNICATION OF THE 4TH RESPONDENT SENT TO THE ADDITIONAL TAHASILDAR, CHALAKKUDY ALONG WITH ITS ATTACHMENTS.

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EXHIBIT P9- TRUE COPY OF THE LETTER DATED 13/06/2017 ALONG WITH ITS ATTACHMENTS SENT BY AGRICULTURAL FIELD OFFICER, KRISHIBHAVAN, CHALAKKUDY MUNICIPALITY TO THE 2ND RESPONDENT ALONG WITH ITS ATTACHMENTS.

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RESPONDENT(S)' EXHIBITS:

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/TRUE COPY/

P.A.TO JUDGE

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P.B.SURESH KUMAR, J.

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==================

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W.P.(C.) No.30380 of 2017

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Dated this the 22 nd day of September, 2017

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JUDGMENT

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Ext.P6 is an application preferred by the second petitioner invoking Clause 6(2) of the Kerala Land Utilization Order, 1967 seeking permission to make use of the property which is described in the revenue records as paddy land for other purposes. It is stated by the petitioners that in the data bank prepared under the Kerala Conservation of Paddy land and Wetland Act, 2008 (Act) though the property was described as paddy land, it has been subsequently corrected. Ext.P5 is the order passed by the Local Level Monitoring Committee constituted under the Act in this connection. According to the petitioners, in the light of

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W.P.(C.) No. 30380/2017

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Ext.P5 order, there is absolutely no difficulty on the part of the Revenue Divisional Officer in permitting the petitioners to make use of the property for other purposes. The petitioners, therefore, seek appropriate directions in this writ petition so as to enable them to make use of the property for construction of school building.

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2 . Heard the learned counsel for the petitioners as also the learned Government Pleader.

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3. If the property of the petitioners is not shown as Paddy land or wetland in the data bank prepared under the Act, the provisions of the Act would not apply to the same, as held by the Apex Court in Revenue Divisional Officer v . Jalaja Dileep (2015(1) KLT 984). If the provisions of the Act do not apply to the property of the petitioners, they are entitled to make use of the property for other purposes, after obtaining permission of the competent authority under Clause 6 of the Land Utilization Order, 1967 (Kerala) [See Puthan Purakkal Joseph v. Sub Collector

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W.P.(C.) No. 30380/2017

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(2015(3) KLT 182)].

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4. In the circumstances, the writ petition is allowed and the second respondent is directed to pass orders on Ext.P6 application, in the light of the decision of this Court in Puthan Purakkal Joseph (supra) , within one month from the date of production of a copy of this judgment by the petitioner. This shall be done having regard to Ext P5 order passed by the Local Level Monitoring Committee construed under the Act. . Since the restrictions imposed by the Government in terms of Circular No.46848/P1/2016 dated 22.12.2016 for exercise of power under Clause 6 of the Land Utilization Order, 1967 (Kerala), have been interfered with by this Court in Shivadasan v. Revenue Divisional Officer (2017(3) KLT 822), the direction aforesaid shall be complied with, untrammelled by the directions in the Circular referred to above. Needless to say that if the request of the petitioners under Clause 6 of the Land Utilization Order has been granted, the petitioners

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W.P.(C.) No. 30380/2017

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shall be issued the building permit sought by them, if they are otherwise eligible for the same.

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Sd/-

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P.B.SURESH KUMAR JUDGE

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SKS

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