Allowed

M/S. Mirage Properties, v. State of Kerala

Kerala HC22 Feb 2023WP(C)/2410/2023

Case brief

AI extract

What is this about?

This writ petition challenged endorsements in an order applying the 2018 Amendment to the Kerala Conservation of Paddy Land and Wetland Act. The Court held that since the application was filed before the Amendment, the 2018 provisions do not apply. The Court directed the Tahsildar to pass orders under Section 6A of the Kerala Land Tax Act based on the original order.

What did the court decide?

Declaration that the 2018 Amendment does not apply; direction to the Tahsildar to consider Exhibit P4 without reference to conditions in Exhibit P3; Exhibit P3 operates only as permission under the 19

M/S. Mirage Properties, Vs State of Kerala — Land Acquisition | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

WEDNESDAY, THE 22^ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944

¶5

WP(C) NO. 2410 OF 2023

¶6

PETITIONER:

¶7

M/S. MIRAGE PROPERTIES, 3/643F, 1ST FLOOR, KHADEEJA SQUARE, NADAKKAVU.P.O, KOZHIKODE - REPRESENTED BY ITS MANAGING PARTNER, SRI. ABDUL BASHEER.M.P., PIN - 673011 BY ADVS. K.PRAVEEN KUMAR G.KRISHNAKUMARI

¶8

RESPONDENTS:

¶9

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001., PIN - 695001 2 THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE, PIN - 673020 3 THE REVENUE DIVISIONAL OFFICER/SUB DIVISIONAL MAGISTRATE, CIVIL STATION, KOZHIKODE, PIN - 673020 4 THE TAHSILDAR (LAND RECORDS), CIVIL STATION, KOZHIKODE, PIN - 673020 5 THE VILLAGE OFFICER, VENGERI VILLAGE OFFICE, KOZHIKODE -, PIN - 673010 BY ADV PUBLIC PROSECUTOR

¶10

BY SMT.PARVATHY.K-GP

¶11

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

¶12

22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C) NO.2410 OF 2023

¶14

¶15

JUDGMENT

¶16

Dated this the 22^nd day of February, 2023

¶17

This writ petition is filed seeking the following reliefs:

¶18

“i) issue a writ of Certiorari or any other writ order or direction calling for the records leading to P3 and to quash the original of the same to the extent it makes endorsement for implementing the provisions of Kerala Conservation of Paddy Land and Wet land (Amendment) Act, 2018;

¶19

ii) to declare that provisions of Amendment Act cannot be applied to the petitioner as he secured an order (Ext.P3) under Clause 6(2) of KLU Order on the basis of an application put in before the commencement of the Amendment Act;

¶20

iii) issue a writ of mandamus to the 4th respondent to consider and pass orders on Ext. P4 reassessing the basic tax concerning the property of the petitioner covered by Ext. P1 and P3 and to change the description of the property in Basic Tax Register as garden land/Purayidam as decided by this Hon'ble Court in Jackson Vs. state of Kerala (2020 KHC 480) and other cases as referred above.”

¶21

WP(C) NO.2410 OF 2023

¶22

¶23

Heard the learned counsel for the petitioner and the learned Government Pleader.

¶24

It is submitted by the learned counsel for the petitioner that the petitioner is the owner in possession of 23.5294 Ares of land, comprised in Re.Survey Nos.584/1T and 584/1R in Vengeri Village of Kozhikode Taluk in Kozhikode District. It is submitted that the property had been converted long before the coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the petitioner submitted an application on 29.03.2017 under Clause 6(2) of the Kerala Land Utilization Order, 1967. The same was allowed by Exhibit P3 proceedings dated 02.01.2023. However, in Exhibit P3 there is an endorsement to the Secretary, Kozhikode Corporation to take further steps in terms of Rule 12(9) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008.

¶25

Learned counsel for the petitioner submits that the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the 2018 Amendment Act have

¶26

¶27

WP(C) NO.2410 OF 2023

¶28

absolutely no application in the instant case, since the application of the petitioner was submitted before the said provisions came into operation and that the further steps have to be taken by the Tahsildar (Land Records) in terms of Section 6A of the Kerala Land Tax Act, 1961 on Exhibit P4 application submitted by the petitioner. The petitioner has also produced Exhibits P5 and P6 to show that the application was the one submitted in December 2017 before the amended provisions of Section 27A came into force and that in view of the fact that orders have been passed under Clause 6(2) of the Kerala Land Utilization Order, the amended provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 cannot be implemented.

¶29

Having considered the contentions advanced, I am of the opinion that in view of the fact that the petitioner had submitted an application before 30.12.2017, ie. the date of coming into force of the amended provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and since the application submitted by the petitioner had

¶30

¶31

WP(C) NO.2410 OF 2023

¶32

been considered under the provisions of the Kerala Land Utilization Order, the endorsements made in Exhibit P3 referring to the amended provision of the 2008 Act can have no legal effect and cannot restrict any of the rights of the petitioner.

¶33

There will, accordingly, be a direction to the 4^th respondent to take up, consider and pass orders on Exhibit P4 application submitted by the petitioner without reference to the conditions as provided in Exhibit P3. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. It is made clear that Exhibit P3 shall operate as a permission under the Kerala Land Utilization Order and the references to the amended provisions of the 2008 Act and the Rules shall not be operated at all.

¶34

Sd/ANU SIVARAMAN JUDGE

¶35

SSK/22/02

¶36

WP(C) NO.2410 OF 2023

APPENDIX

PETITIONER EXHIBITS

ExhibitP1	TRUE COPY OF THE BASIC TAX RECEIPTS
	BEARING NO. KL-11015217390/2022 DATED 26.11.2022.
ExhibitP2	TRUE COPY OF THE JUDGMENT DATED 17.08.2022 IN WP(C)NO. 34775/2019.
Exhibit P3	TRUE COPY OF THE PROCEEDING NO. RDOKKD/4781/2022-C3 DATED 02.01.2023
Exhibit P4	TRUE COPY OF THE FORM A APPLICATION FILED UNDER KERALA LAND TAX ACT BEFORE THE 4TH RESPONDENT.
Exhibit P5	TRUE COPY OF THE JUDGMENT DATED 09.11.2017 IN WP (C) NO.12764/2017
Exhibit P6	TRUE COPY OF THE COVERING LETTER DATED 06.12.2017
Exhibit P7	TRUE COPY OF THE JUDGMENT DATED 20.06.2018 IN WP(C).NO. 19751/2018

M/S. Mirage Properties, v. State of Kerala

Case brief

What is this about?

What did the court decide?

M/S. Mirage Properties, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nazar.S Vs District Geologist

Anish Abraham Vs the Ministry of Environment and Climate Change

Anoop.P.a Vs State of Kerala

Syam.K Vs Mezhuveli Grama Panchayath

Sreenath Rajan Vs Muhammed Shafeek. IAS

M/S. Galaxy Aggregates Private Limited Vs Sri. Ranjith (in Charge)