Allowed

Alex K. Varkey v. State of Kerala

Kerala HC8 Nov 2017WP(C)/7400/2017

Case brief

AI extract

What is this about?

In a batch of writ petitions, the High Court of Kerala directed the competent authority under the Kerala Land Utilisation Order to consider applications for permission to use properties as non-paddy lands if they were converted before the Conservation of Paddy Land and Wetland Act, 2008.

What did the court decide?

Directing the competent authority under the Kerala Land Utilisation Order to pass orders on petitioners' applications for land use permission within one month.

Alex K. Varkey 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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WEDNESDAY, THE 8TH DAY OF NOVEMBER 2017/17TH KARTHIKA, 1939

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WP(C).No. 7400 of 2017 (Y)

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PETITIONER :

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ALEX K. VARKEY, AGED 22 YEARS, S/O.K.I.VARKEY, KOLANCHERY HOUSE, MANICKAMANGALAM P.O., ERNAKULAM DISTRICT, PIN - 683 574.

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BY ADVS.SRI.AVANEESH KOYIKKARA

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SRI.LINDONS C.DAVIS

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RESPONDENT(S):

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

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2. THE DISTRICT COLLECTOR,

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ERNAKULAM, KAKKANAD P.O., ERNAKULAM DISTRICT, PIN - 682 030.

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3. AGRICULTURAL OFFICER & CONVENER, LOCAL LEVEL MONITORING COMMITTEE KRISHI BHAVAN, KALADY, ERNAKULAM DISTRICT, PIN - 683 574.

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R1 TO R3 BY GOVERNMENT PLEADER SRI.RAVI KRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2017,ALONG WITH WP(C) NO.8007 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 7400 of 2017 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: TRUE COPY OF LETTER DATED 10.10.2017 OF AGRICULTURAL OFFICER, KALADY ALONG WITH RELEVANT PAGE OF DATA BANK REGISTER.

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EXHIBIT-P2: TRUE COPY OF APPLICATION AS PER KLU ORDER DATED 04.01.2017 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.

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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).Nos.7400, 8007, 8010, 10580

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13271 of 2017

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Dated this the 8^th day of November, 2017

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J U D G M E N T

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The properties of the petitioners referred to in the writ petitions were though paddy fields originally, it is stated that the same have been converted as garden lands prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). The case of the petitioners in the writ petitions is that since their properties are described as paddy land in the revenue records, they are unable to make use of the same for other purposes including construction of buildings. It is alleged in some of the writ petitions that the applications

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W.P.(c).No.7400 of 2017 & con. cases. : 2 :

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preferred by the petitioners therein for building permits are not being considered for the aforesaid reason. In some other writ petitions, it is alleged that the buildings constructed by the petitioners therein are not being numbered on account of the said reason. In most of the writ petitions, the specific case of the petitioners is that their properties are shown as converted prior to the coming into force of the Act in the Data Banks prepared under the Act. In the remaining writ petitions, the case of the petitioners is that their properties are not shown as paddy land in the Data Banks. The petitioners, therefore, preferred applications before the competent authority under the Kerala Land Utilization Order, 1967 seeking permission to use the properties for other purposes including construction of buildings. The applications preferred by the petitioners in this connection are part of the records. The petitioners seek directions in these writ petitions to the competent authority under the Kerala Land Utilisation Order to grant permission sought for by them to make use of the properties for other

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W.P.(c).No.7400 of 2017 & con. cases. : 3 :

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purposes. In some of the writ petitions, the petitioners seek orders for correction of the entry relating to their properties in the revenue records also. Some of the petitioners, among others, seek directions to the local authorities concerned to grant building permits applied for by them and some others seek directions to the local authorities concerned to assign numbers to the buildings constructed by them on the strength of the building permits issued to them.

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

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It is seen that reports have been filed before

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this Court in all these matters pursuant to the interim order passed, confirming the case set up by the petitioners that the properties owned by them as referred to in the writ petitions are either not included in the Data Bank prepared under the Act or included in the Data Bank prepared under the Act as converted prior to the coming into force of the Act.

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If the properties of the petitioners are

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W.P.(c).No.7400 of 2017 & con. cases. : 4 :

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converted prior to the coming into force of the Act and if the same are not included in the Data Bank on that ground, 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 would not apply to the properties of the petitioners, they are entitled to make use of the same for other purposes, after obtaining permission of the competent authority under Clause 6 of the Kerala Land Utilization Order [See Puthan Purakkal Joseph v. Sub Collector (2015(3) KLT 182)]. In Puthan Purakkal Joseph (supra) and Shivadasan v. Revenue Divisional Officer (2017(3) KLT 822), this Court has dealt with the scope of the power of the competent authority under the Kerala Land Utilization Order in dealing with the applications for permission preferred for use of the properties for other purposes.

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In the circumstances, the writ petitions are disposed of directing the competent authority under the Kerala Land Utilization Order to pass orders on the

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W.P.(c).No.7400 of 2017 & con. cases. : 5 :

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applications preferred by the petitioners for permission to use their properties for other purposes in the light of the decisions of this Court in Puthan Purakkal Joseph (supra) and Shivadasan (supra ). Orders as directed above shall be passed by the competent authority under the Kerala Land Utilisation Order, within one month from the date of receipt of a copy of this judgment. If the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, the petitioners shall be issued building permits or assigned building numbers, as the case may be, if they are otherwise entitled for the same, by the local authorities concerned. Needless to say that if the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, they will also be entitled to move the authorities under the Kerala Land Tax Act for fresh assessment of the lands as garden lands and if such requests are made by the petitioners, the same shall also be considered by the said authorities, in cases where they are

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parties to the writ petitions, in the light of

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W.P.(c).No.7400 of 2017 & con. cases. : 6 :

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Kizhakkambalam Grama Panchayat v. Mariumma

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(2015(2) KLT 516), within one month from the date of their

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respective requests.

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Sd/- P.B.SURESH KUMAR JUDGE