Disposed

Annamma Alex v. District Collector Ernakulam

Kerala HC14 Mar 2019WP(C)/5205/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking mandamus for the District Collectors of Ernakulam and Kottayam to consider applications for permission to change crop cultivation from paddy to other crops under the Kerala Land Utilization Order, 1967, directing them to act within two months of receiving committee reports.

What did the court decide?

Directed respondents to consider applications from within two months of report receipt after objective monitoring committee reports and hearing the petitioner.

Annamma Alex Vs District Collector Ernakulam — Municipal and Town Planning | Kerala HC (2019)

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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 ANIL K.NARENDRAN

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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 5205 of 2019

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PETITIONER :

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ANNAMMA ALEX AGED 58 YEARS W/O ALEX,CHEMBATHIL,ELANJI.P.O-686665.

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BY ADV. SRI.LEGITH T.KOTTAKKAL

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RESPONDENTS:

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1 DISTRICT COLLECTOR ERNAKULAM COLLECTORATE,KAKKANAD, ERNAKULAM-682030.

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2 DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE,KOTTAYAM, KERALA-686002.

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BY SRI MANU RAJ K.J, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5205 of 2019

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JUDGMENT

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The petitioner, who is stated to be an Agriculturist, who owns paddy land having an extent of 47.75 Ares in Sy.No.210/3 of Elanji Village in Ernakulam District and another extent of 30.1 Ares in Sy.No.113/3 of Njeoor Village in Kottayam District, covered by Exts.P1 and P2 basic tax receipts respectively, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent District Collector, Ernakulam to consider Ext.P3 application dated 17.01.2019 made under Clause 6 of Kerala Land Utilization Order, 1967 seeking permission to cultivate paddy land having an extent of 47.75 Ares in Sy.No.210/3 of Elanji Village in Ernakulam District with any crops other than paddy. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent District Collector, Kottayam to consider Ext.P5 application dated 17.01.2019 under the aforesaid Clause seeking permission to cultivate paddy land having an

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WP(C).No. 5205 of 2019

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extent of 30.1 Ares in Sy.No.113/3 of Njeoor Village in Kottayam District with any crops other than paddy. As evident from Exts.P4 and P6 receipts, respondents 1 and 2 have already acknowledged Exts.P3 and P5 applications on 17.01.2019.

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On 21.02.2019, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

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Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.

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Clause 6 of the Kerala Land Utilization Order, 1967 provides that land cultivated with any food crop not to be cultivated with any other food crop. As per subclause (1) of Clause 6, no holder of any land, which has been under cultivation with any food crop for a continuous period of three years immediately before the commencement of the Kerala Land Utilization Order, shall convert or attempt to convert or utilise or attempt to

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WP(C).No. 5205 of 2019

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utilise such land for the cultivation of any other food crop or for any other purpose, except under and in accordance with the terms of a written permission given by the Collector. The explanation to sub-clause (1) of Clause 6 provides that, for the purpose of this sub-clause and subclause (2), removal of tree-growth, whether partial or total, on any land cultivated with cardamom shall be deemed to be an attempt to convert or utilise such land for a purpose other than cultivation of cardamom. As per sub-clause (2), no holder of any land who cultivates any land with any food crop for a continuous period of three years at any time after the commencement of the Kerala Land Utilization Order shall, after the said period of three years, convert or attempt to convert or utilise or attempt to utilise such land for the cultivation of any other food crop or for any other purpose, except under and in accordance with the terms of a written permission given by the Collector. As per the first proviso to sub-clause (2), except in the case of lands under cardamom

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WP(C).No. 5205 of 2019

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cultivation, no permission under sub-clause (1) or subclause (2), shall be necessary where the cultivation for which the land is converted or attempted to be converted or attempted to be converted or utilised or attempted to be utilised is paddy cultivation or fish culture. As per the second proviso, the lands under cultivation of paddy should not be converted or attempted to be converted or utilised or attempted to be utilised for fish culture permanently, but only seasonally.

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Now Exts.P3 and P5 applications made by the petitioner under Clause 6 of the Kerala Land Utilization Order, are pending consideration before respondents 1 and 2 respectively. Therefore, it is for the 1^st and 2^nd respondents to take appropriate decision on those applications, strictly in accordance with law, after obtaining necessary reports from the concerned Local Level Monitoring Committee.

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In the result, this writ petition is disposed of by directing respondents 1 and 2 to consider and pass

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WP(C).No. 5205 of 2019

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appropriate orders on Exts.P3 and P5 applications made by the petitioner, strictly in accordance with law, after obtaining necessary reports from the concerned Local Level Monitoring Committee, and after affording the petitioner an opportunity of being heard. Necessary orders in this regard shall be passed, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of report from the concerned Local Level Monitoring Committee, which shall be obtained within a period of two months from the date of receipt of a certified copy of this judgment.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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AV/15/3

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WP(C).No. 5205 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF BASIC TAX RECEIPT NO.4832514 DATED 16-04-2016 ISSUED BY ELANJI VILLAGE OFFICER.

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EXHIBIT P2 COPY OF BASIC TAX RECEIPT NO.KLO5051002839/2018 DATED 19.05.2018 NJEOOR VILLAGE OFFICER.

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EXHIBIT P3 COPY OF THE APPLICATION DATED 17.01.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

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EXHIBIT P4 COPY OF THE RECEIPT DATED 17.01.2019 ISSUED BY THE OFFICE OF 1ST RESPONDENT.

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EXHIBIT P5 COPY OF THE RECEIPT DATED 17.01.2019 SUBMITTED BEFORE THE 2ND RESPONDENT.

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EXHIBIT P6 COPY OF THE RECEIPT DATED 17.01.2019 ISSUED BY THE OFFICE OF 2ND RESPONDENT.

Annamma Alex v. District Collector Ernakulam

Case brief

What is this about?

What did the court decide?

Annamma Alex v. District Collector Ernakulam

Case brief

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