Disposed

K.K.Usman, v. State of Kerala

Kerala HC23 Oct 2020WP(C)/20722/2019

Case brief

AI extract

What is this about?

Petitioners sought regularization of unnotified lands in Kerala under Clause 6(2) of Kerala Land Utilisation Order, 1967, invoking prior right before an amendment. Court applied Geo peter case to direct Revenue Divisional Officer to consider application under original order terms, ignoring Section 27A requirement for pre-30.12.2017 submissions.

What did the court decide?

Directed Revenue Divisional Officer to consider the application under Kerala Land Utilisation Order without insisting on compliance of Sec.27A if submitted prior to 30.12.2017 and to take a decision w

K.K.Usman, Vs State of Kerala — Landlord and Tenant | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 23RD DAY OF OCTOBER 2020 / 1ST KARTHIKA, 1942

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WP(C).No.20722 OF 2019(M)

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PETITIONERS:

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1 K.K.USMAN, AGED 72 YEARS, S/O. KHADER HAJI, KIZHAKKE VEETIL, ALUVA, ERNAKULAM.

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2 ABDUL AZEEZ, S/O. MOIDEEN HAJI, KOLLIYIL HOUSE, KALOOR, ERNAKULAM.

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3 ABDUL JALEEL, S/O. SAIDU KUNJU, KIZHAKKEVEETIL, KOVILVATTOM, ERNAKULAM.

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4 SIYAVUDHEEN, S/O. ALIKUNJU, KIZHAKKEVEETIL, VELIYATHUNADU, ERNAKULAM.

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5 NUVAISUR MUHAMMED, S/O. ABDUL SAMAD, KIZHAKKEVEETIL, VELIYATHUNADU, ERNAKULAM.

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6 LIJIYA, W/O. UMMERKUTTY, KIZHAKKEVEETIL, EDAVANAKKAD, ERNAKULAM.

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BY ADVS.

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SRI.K.I.MAYANKUTTY MATHER SMT.T.K.SREEKALA KUM.NARAYANI HARIKRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., 695 001.

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2 ADDITIONAL CHIEF SECRETARY (REVENUE), SECRETARIAT, THIRUVANANTHAPURAM P.O., 695 001.

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WP(C).No.20722 OF 2019(M)

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..2..

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3 LOCAL LEVEL MONITORING COMMITTEE OF KADUNGALLOOR, REPRESENTED BY ITS CONVENERAGRICULTURAL OFFICER, KADUNGALLOOR, MUPPATHADAM P.O., ERNAKULAM 683 110.

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4 AGRICULTURAL OFFICER, KRISHI, BHAVAN, KADUNGALLOOR, MUPPATHADAM P.O., ERNAKULAM 683 110.

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5 REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISION OFFICE, K.B. JACOB ROAD, FORT KOCHI P.O., ERNAKULAM 682 001.

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6 TAHSILDAR, PARAVUR TALUK OFFICE, POLICE STATION ROAD, NORTH PARAVUR P.O., ERNAKULAM 683 513.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20722 OF 2019(M)

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..3..

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JUDGMENT

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Dated this the 23rd day of October 2020

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The petitioners approached the Revenue Divisional Officer (RDO), Fort Kochi, by Ext.P3 on 25.08.2017 invoking Clause 6(2) of Kerala Land Utilisation Order, 1967.

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According to the petitioners, the land referred to in the applications are unnotified lands in the data bank under Act 28 of 2008.

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This writ petition was filed on 29.07.2019. The Act 28 of 2008 underwent an amendment w.e.f. 30.12.2017. Section 27A was incorporated. After the amendment the land which is covered under the Kerala Land Utilisation Order or treated as 'nilam' in BTR, will have to be regularised invoking Sec.27A.

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This Court in Geo peter v. Revenue Divisional Officer, Muvattupuzha and another [2019 (3) KLT 838] held that any application submitted under Clause 6(2) of the Kerala Land

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WP(C).No.20722 OF 2019(M)

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Utilisation Order prior to the amendment will have to be considered in accordance with the Kerala Land Utilisation Order.

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In the light of the judgment as above, this writ petition is disposed of directing the Revenue Divisional Officer to consider the application under the Kerala Land Utilisation Order without insisting compliance of Sec.27A of the Act 28 of 2008, if such an application was submitted prior to 30.12.2017. An appropriate decision shall be taken within a period of two months after notice to the petitioners.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

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WP(C).No.20722 OF 2019(M)

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APPENDIX

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PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 5790/2007 OF ALANGAD SUB REGISTRY DATED 30.8.2007

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EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT IN RESPECT OF THE PROPERTY DATED 24.7.2017

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EXHIBIT P2 TRUE COPY OF THE CERTIFICATE GIVEN BY THE AGRICULTURAL OFFICER, KADUNGALLOOR DATED 21.5.2014

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EXHIBIT P3 TRUE COPY OF THE REQUEST OF THE PETITIONER TO THE 5TH RESPONDENT DATED 25.8.2017

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EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGMENT DATED 29.8.2017

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EXHIBIT P4 TRUE COPY OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND AMENDMENT ACT, 2018 (ACT 29 OF 2018) DATED 6.7.2018

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EXHIBIT P5 TRUE COPY OF THE AMENDED RULES KERALA CONSERVATION OF PADDY LAND AND WET LAND (AMENDMENT) RULES 2018.

K.K.Usman, v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.K.Usman, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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