Remanded

Rajeev Pillai v. State of Kerala

Kerala HC22 Aug 2022WP(C)/11525/2021

Case brief

AI extract

What is this about?

Two writ petitions challenging the omission of the Revenue Divisional Officer to change the nature of land in revenue records. Petitioners held land conversion orders but sought further entries. Court directed Tahsildar to consider applications.

What did the court decide?

Directed the Tahsildar to consider the applications filed by the petitioners regarding change of nature of land in revenue records and pass orders thereon.

Rajeev Pillai Vs State of Kerala — Landlord and Tenant | Kerala HC (2022)

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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 N.NAGARESH

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MONDAY, THE 22^ND DAY OF AUGUST 2022 /

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31ST SRAVANA, 1944

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WP(C) NO. 11525 OF 2021

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PETITIONERS:

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1 RAJEEV PILLAI AGED 53 YEARS KUTTIKATTU VEETTIL, KONNAMANKARA, ADOOR, PATHANAMTHITTA

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2 SANTHOSHKUMAR PULIPARA PANDARAZHIKATHU VEETTIL, NEAR MULAVANA POST OFFICE, KOLLAM

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3 SANDHYA PRASHOB BHAVAN, KARIMTHOTTUVA P.O., SASTHAMCOTTA, KOLLAM.

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BY ADV K.P.SANTHI

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RESPONDENTS:

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1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2 THE DISTRICT COLLECTOR CIVIL STATION, THIRUVANANTHAPURAM 695 001.

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3 THE REVENUE DIVISIONAL OFFICER CIVIL TATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM 695 001.

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W.P(C) No.11525 & 11534 of 2021 2

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]

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4 THE LOCAL LEVEL MONITORING COMMITTEE KRISHI BHAVAN, KUDAPPANAKUNNU 695 043, REP. BY ITS CONVENER.

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BY SRI.SYAMANTHAK B.S

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2022, ALONG WITH WP(C).11534/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.11525 & 11534 of 2021 3

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]

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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 N.NAGARESH MONDAY, THE 22^ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944 WP(C) NO. 11534 OF 2021

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PETITIONERS

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1 MADHAVAN PILLAI

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AGED 52 YEARS

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MADHAVAM, MARA 70, ANCHUMUKKU, MUTTADA P.O., TRIVANDRUM.

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2 THANKAMMA,

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MADHAVAM, MARA 70, ANCHUMUKKU, MUTTADA P.O., TRIVANDRUM.

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3 ANITHA MADHAVAN, MADHAVAM, MARA 70, ANCHUMUKKU, MUTTADA P.O., TRIVANDRUM.

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4 ANJANA MADHAVAN, MADHAVAM, MARA 70, ANCHUMUKKU, MUTTADA P.O., TRIVANDRUM.

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BY ADVS. K.P.SANTHI TARA PREM

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RESPONDENTS

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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W.P(C) No.11525 & 11534 of 2021 4 ]

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2 THE DISTRICT COLLECTOR, CIVIL STATION, THIRUVANANTHAPURAM-695 001.

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3 THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 001.

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4 THE LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS CONVENER.

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ADDL.R5 THE TAHSILDAR,TALUK OFFICE, EAST FORT, THIRUVANANTHAPURAM

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*** IS IMPLEADED AS PER ORDER DATED 22.08.2022 IN I.A.NO.1 OF 2022**

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SRI.SYAMANTHAK B S, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2022, ALONG WITH WP(C).11525/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.11525 & 11534 of 2021 5

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]

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Dated this the 22^nd day of August, 2022

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[WP(C) Nos.11525/2021 and 11534/2021]

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The petitioners in these writ petitions are aggrieved

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by the omission of the Revenue Divisional Officer to take necessary steps to change the nature of the land of the petitioners in Revenue records.

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The petitioners in W.P(C) No.11525 of 2021 hold 15.56 Ares of property in Survey No.108/7/1, 6.71 Ares of property in Survey No.108/5/1 and 6.58 Ares of property in Survey No.108/6/1 in Kudappanakunnu Village of Thiruvananthapuram Taluk. They submitted applications for utilising the land for non agricultural purposes invoking the Kerala Land Utilisation Order, 1967. The District Collector made necessary enquiries and inspections and permitted the petitioners to use the land for nonagricultural purposes.

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W.P(C) No.11525 & 11534 of 2021 6 ]

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The petitioners in W.P(C) No.11534 of 2021 are owners of 96 Cents of land in Survey Nos.2106, 2107, 2108 and 2109 in Sasthamangalam Village, Thiruvananthapuram Taluk, Thiruvananthapuram District.

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The petitioners state that their land is also a converted land more than 30 years ago. They submitted application invoking the Kerala Land Utilisation Order, 1967 and the District Collector issued Ext.P3 order permitting the petitioners to use the land for nonagricultural purposes.

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Subsequently, the petitioners submitted applications for effecting necessary entries in Revenue records. The petitioners submitted applications before the Tahsildar seeking to change the nature of the land in Revenue records and for re-assessment of tax.

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The grievance of the petitioners is that the respondents have not taken effective steps to effect

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W.P(C) No.11525 & 11534 of 2021 7 ]

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necessary entries in Revenue records.

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The Government Pleader entered appearance and resisted the writ petitions on behalf of the respondents. The Government Pleader pointed out that the orders under the Kerala Land Utilisation Order have been issued to the petitioners on certain conditions. There are stringent conditions laid down in the KLU Orders, relating to Water Conservancy Measures to be taken by the petitioners. It is specifically stipulated in the Orders that the petitioners while utilising the land for nonagricultural purpose shall not cause any obstruction to the free flow of water. If there is violations of any of the conditions contained in the Orders, those orders are liable to be cancelled. The petitioners' application before the Tahsildar can be considered only subject to those conditions in the Orders.

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I have heard the learned counsel for the petitioners and the learned Government Pleader

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W.P(C) No.11525 & 11534 of 2021 8 ] representing the respondents.

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The petitioners admittedly have obtained orders under the Kerala Land Utilisation Order, 1967 for using the land for non-agricultural purposes. True that the orders under the Kerala Land Utilisation Order contain certain conditions. It is evident from the orders passed under the Kerala Land Utilisation Order that the land stood already converted as garden land while those applications were processed.

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In the circumstances, the applications submitted by the petitioners to the Tahsildar being applications filed under the Kerala Land Tax Act, the Tahsildar is bound to consider those applications in accordance with law. It will be open to the Tahsildar to find out whether there are any violations of conditions prescribed in the orders issued under the Kerala Land Utilisation Order.

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W.P(C) No.11525 & 11534 of 2021 9 ]

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In the facts and circumstances of the case, the writ petitions are disposed of directing the additional 5^th respondent-Tahsildar to consider Ext.P9 application in W.P(C) No.11525 of 2021 and Exts.P8 to P11, P13 and P14 applications in W.P(C) No.11534 of 2021 and pass orders thereon in accordance with law.

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Sd /-

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N. NAGARESH, JUDGE

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smm/26.08.2022

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W.P(C) No.11525 & 11534 of 2021 10

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]

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APPENDIX OF WP(C) 11525/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE APPLICATION DATED 23.3.2017 SUBMITTED TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 8.11.2017 IN W.P.(C) NO.12955 OF 2017 OF THIS HONOURABLE COURT. Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 14.8.2018 OF THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 27.11.2020 SUBMITTED TO THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 27.11.2020 SUBMITTED TO THE 3RD RESPONDENT. Exhibit P6 TRUE COPY OF THE LETTER DATED 15.4.2021 OF THE 3RD RESPONDENT. EXHIBIT P7 COPY OF THE PROCEEDINGS DATED 18.3.2019 OF THE 2ND RESPONDENT. EXHIBIT P8 COPY OF THE JUDGEMNT DATED 11.01.2019 IN W.P(C)NO.888 OF 2019 OF THIS HONOURABLE COURT EXHIBIT P9 COPY OF THE APPLICATION DATED 10.8.2021 SUBMITTED TO THE 5TH RESPONDENT. EXHIBIT P10 COPY OF FORM A DATED 5.3.2022 SUBMITTED TO THE TAHSILDAR , TRIVANDRUM EXHIBIT P11 COPY OF THE REPORT DATED 15.11.2021 SUBMITTED BY THE 5TH RESPONDENT.

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W.P(C) No.11525 & 11534 of 2021 11 ]

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APPENDIX OF WP(C) 11534/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE APPLICATION DATED 03.04.2017 SUBMITTED TO 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 22.08.2017 IN WPC NO.12946 OF 2017 OF THIS HONOURABLE COURT. Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 26.02.2018 OF THE 2ND RESPONDENT. Exhibit P4 TRUE CPY OF THE ORDER DATED 19.08.2018 OF THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE RECEIPT DATED 04.09.2018 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 11.01.2019 IN WPC NO.888 OF 2019 OF THIS HONOURABLE COURT. Exhibit P7 TRUE COPY OF THE PROCEEDINGS DATED 18.03.2019 OF THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 27.11.2020 SUBMITTED TO THE 3RD RESPONDENT BY THE 1ST PETITIONER. Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 27.11.2020 SUBMITTED TO THE 3RD RESPONDENT BY THE 2ND PETITIONER. Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 27.11.2020 SUBMITTED TO THE 3RD RESPONDENT BY THE 3RD PETITIONER. Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 27.11.2020 SUBMITTED TO THE 3RD RESPONDENT BY THE 4TH PETITIONER. Exhibit P12 TRUE COPY OF THE LETTER DATED 15.04.2021 OF THE 3RD RESPONDENT. Exhibit P13 TRUE COPY OF THE APPLICATION DATED

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W.P(C) No.11525 & 11534 of 2021 12 ]

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10.8.2021 SUBMITTED TO THE 5TH RESPONDENT

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Exhibit P14 TRUE COPY OF THE FORM A DATED 5.3.2022 SUBMITTED TO THE 5TH

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RESPONDENT

Rajeev Pillai v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajeev Pillai v. State of Kerala

Case brief

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What did the court decide?

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