Petitioners challenged proceedings under the Land Conservancy Act seeking perpetual lease rights. The Court held that the matter follows a prior decision dating back to 2017. It directed the Government to consider the claimants' eligibility for perpetual lease and maintain status quo regarding land possession.
[WP(C) 21320/2020 & connected cases]
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
WP(C).No.21320 OF 2020(L)
PETITIONER/S:
1 PALLIVEETTIL ABDU RAHIMAN, AGED 66 YEARS, S/O UMMAR KOYA,20/1440 C, ALFAUZ, VKK MENON ROAD, KALLAI.P.O,PANNIYANKARA, KALLAI-KOZHIKODE, KERALA-673003.
2 SMT.FAUSEYA UMAIBANU, AGED 59 YEARS, W/O.P.V.ABDU RAHIMAN,20/1440 C, ALFAUZ, VKK MENON ROAD, KALLAI.P.O, TIRUVANNUR NADA S.O, TIRUVANNUR NADA, KOZHIKODE, KERALA-673029.
BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI
RESPONDENT/S:
1 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOZHIKODE-673001.
2 COMMISSIONER OF LAND REVENUE, LAND REVENUE COMISSIONERATE, REVENUE COMPLEX, PUBLIC OFFICE BUILDING, MUSEUM, TRIVANDRUM-695033.
5 THE VILLAGE OFFICER, KASABA VILLAGE OFFICE, KOZHIKODE-673001.
SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH WP(C).21670/2020(G), WP(C).22137/2020(N), WP(C).22400/2020(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.21320-2020&connected cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
WP(C).No.21670 OF 2020(G)
PETITIONER/S:
ABDUL NAZAR, AGED 61 YEARS, S/O. ABOOBAKKER KOYA, BAMBOO MERCHANT, 59/6198, EAST KALLAI ROAD, KOZHIKODE-673 003.
BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI
RESPONDENT/S:
1 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOZHIKODE-673 001.
SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH WP(C).21320/2020(L), WP(C).22137/2020(N), WP(C).22400/2020(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.21320-2020&connected cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
WP(C).No.22137 OF 2020(N)
PETITIONER/S:
O.ABDURAHIMAN, AGED 60 YEARS, S/O. S. AHAMMEDKOYA, 23/1684 A, ARSH, MELARI PADAM, THIRUVANOOR ROAD, KALLAI P.O, KUNDUNGAL, KOZHIKODE-673 003.
BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI
RESPONDENT/S:
COLLECTORATE, CIVIL STATION, KOZHIKODE-673 001.
SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH WP(C).21320/2020(L), WP(C).21670/2020(G), WP(C).22400/2020(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.21320-2020&connected cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
WP(C).No.22400 OF 2020(Y)
PETITIONER/S:
1 V. SREEKUMARAN ERADI, AGED 52 YEARS, DEVI APARTMENT, D-14, MINI BYPASS ROAD, PUTHIYARA, CALICUT, PIN-673 004.
4 HARIDAS.M.B., S/O. M.BALAN, MUKKANNIYIL THAZHE POKKOALATH, KOMMERI P.O., CALCIUT-673 007.
BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI
RESPONDENT/S:
W.P.(C).No.21320-2020&connected cases 5
4 TAHSILDAR, LAND REVENUE, CIVIL STATION, KOZHIKODE-673 001.
SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH WP(C).21320/2020(L), WP(C).21670/2020(G), WP(C).22137/2020(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.21320-2020&connected cases 6
JUDGMENT
[ WP(C).21320/2020, WP(C).21670/2020, WP(C).22137/2020, WP(C).22400/2020 ]
These petitions are filed challenging the initiation of proceedings under the Land Conservancy Act and for a further direction to the 3rd respondent to consider as to whether the petitioners are also eligible for the perpetual lease or such other lease as held so in judgment dated 19.6.2019 in W.P.(C) No. 37333 of 2017. The petitioners contend that they are also similarly situated as persons who enjoyed the benefit of perpetual lease granted by the British Crown for the purpose of running the sawmills which they are conducting even now.
W.P.(C).No.21320-2020&connected cases 7
need to retain and restore water bodies and further that water bodies are inalienable.
Resultantly, these writ petitions are disposed of directing the Government to consider the claim of the petitioners herein in the light of the directions in judgment dated 19.06.2019 in W.P.(C) No.37333 of 2017. Till a decision is taken, status quo shall be maintained as regards the possession of the land.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
W.P.(C).No.21320-2020&connected cases 8
APPENDIX OF WP(C) 21320/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C)NO.37333/2017 DATED 19/06/2019.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONERS DT.17/12/1987.
EXHIBIT P3 TRUE COPY OF THE NOTICE DT.20.12.2019 ISSUED TO THE 1ST PETITIONER AND HIS WIFE U/S.12 OF THE LAND CONSERVANCY ACT DATED 20/12/2019.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C)1825/2020 DATED 24/01/2020.
EXHIBIT P5 TRUE COPY OF THE FORM C NOTICE UNDER THE LAND CONSERVANCY ACT TO THE 2ND PETITIONER DATED 16/09/2020.
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY// P.A.TO JUDGE
W.P.(C).No.21320-2020&connected cases 9
APPENDIX OF WP(C) 21670/2020
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE DATED 19.06.2019. |
JUDGMENT IN WPC 37333/2017 |
|---|---|---|
| EXHIBIT | P2 TRUE COPY OF THE RECEIPT OF LEASE MILL DATED 22.02. |
TAX RECEIPT EVIDENCING TAX IN THE NAME OF BST SAW 1975. |
| EXHIBIT | P3 TRUE COPY OF THE 20.01.2020 ISSUED KOZHIKODE. |
PROPERTY TAX RECEIPT DATED BY THE CORPORATION OF |
| EXHIBIT | P4 TRUE COPY OF THE FEE DT 02.03.2020 OF KOZHIKODE. |
RECEIPT D AND O LICENSE ISSUED BY THE CORPORATION |
| EXHIBIT | P5 TRUE COPY OF THE PETITIONER FORM C 16.09.2020 OF THE ACT ISSUED BY THE |
NOTICE ISSUED TO THE (RULE 11) DATED KERALA LAND CONSERVANCY 4TH RESPONDENT. |
| EXHIBIT RESPOND |
P6 TRUE COPY OF THE DT 24.01.2020. ENT'S/S EXHIBITS: |
JUDGMENT IN WPC 1825/2020 |
NIL
//TRUE COPY// P.A.TO JUDGE
W.P.(C).No.21320-2020&connected cases 10
APPENDIX OF WP(C) 22137/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 37333/2017 DATED 19.06.2019.
EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER U/S. 12 OF THE KERALA LAND CONSERVANCY ACT 1975 IN FORM B (RULE 9), DT. 10/12/2019 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER FORM C (RULE 11) DATED 16.09.2020 OF THE KERALA LAND CONSERVANCY ACT ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 24.01.2020 IN WPC 1825/2020
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY// P.A.TO JUDGE
W.P.(C).No.21320-2020&connected cases 11
APPENDIX OF WP(C) 22400/2020
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 TRUE COPY OF TAX RECEIPT DATED 15.05.2018. |
|---|
| EXHIBIT P2 TRUE COPY OF THE TRADE LICENSE DATED 22.10.2019 IS USED IN THE NAME OF THE 2ND PETITIONER. |
| EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE KOZHIKODE CORPORATION TOWARDS RECEIPT OF D & O LICENSE FEE OF THE 3RD PETITIONER DATED 12.03.2020. |
| EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC 37333/2017 DATED 19.06.2019. |
| EXHIBIT P5 THE PROPERTY TAX RECEIPT ISSUED TO THE 1ST PETITIONER DATED 11.09.2020. |
| EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED TO THE 2ND PETITIONER FORM C (RUE 11) DATED 16.09.2020 OF THE KERALA LAND CONSERVANCY ACT ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED TO THE 3RD PETITIONER FORM C (RUE 11) DATED 16.09.2020 OF THE KERALA LAND CONSERVANCY ACT ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED TO THE FATHER OF THE 4TH PETITIONER IN FORM C (RUE 11) DATED 16.09.2020 OF THE KERALA LAND CONSERVANCY ACT ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC 1825/2020 DATED 24.01.2020 RESPONDENT'S/S EXHIBITS: |
NIL
//TRUE COPY// P.A.TO JUDGE
3 issues framed by the court
Whether these writ petitions challenging the initiation of proceedings under the Land Conservancy Act and seeking perpetual lease benefit should be disposed of by following the directions in the judgm
Whether status quo shall be maintained regarding the possession of the land till a decision is taken by the Government.
Whether the petitioners are eligible for perpetual lease or such other lease as held so in judgment dated 19.6.2019.
Colour shows how this judgement treated each authority
In Re W.P.(C) No. 37333 of 2017Followed¶3
W.P.(C) No. 37333 of 2017 (judgment dated 19.6.2019)
In Re W.P.(C) No. 21975 of 2020Referred¶2
W.P.(C) No. 21975 of 2020
In Re W.P.(C) No. 1825 of 2020Referred¶2
W.P.(C) No. 1825 of 2020 (judgment dated 24.1.2020)
Palliveettil Abdu Rahiman
Fauseya Umaibanu
Abdul Nazar
O. Abdurahiman
V. Sreekumaran Eradi
T.K. Muhammed Koya
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
