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Susha Lonappan, v. Revenue Divisional Officer

Kerala HC4 Aug 2023WP(C)/5009/2023

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition, directed the Revenue Divisional Officer to consider and pass appropriate orders on Clause 6 applications filed by the petitioners for changing the land's status to non-agricultural use within one month.

What did the court decide?

The Revenue Divisional Officer was directed to consider and pass appropriate orders on the Clause 6 applications filed by the petitioners within one month of the date of this order.

Susha Lonappan, Vs Revenue Divisional Officer — Writ and Judicial Review | Kerala HC (2023)

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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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FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
WP(C) NO. 5009 OF 2023

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PETITIONERS:

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1 SUSHA LONAPPAN,

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AGED 61 YEARS, D/O LATE MR. LONAPPAN, MALIACKAL HOUSE, THOTTAKKATTUKARA, ALUVA, WEST, PIN - 683101

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2 SABU LONAPPAN,

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AGED 66 YEARS, S/O LATE MR. LONAPPAN, MALIACKAL HOUSE, THOTTAKKATTUKARA, ALUVA, WEST, PIN - 683101

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3 SEENA BONEY, AGED 64 YEARS, D/O LATE MR. LONAPPAN, MALIACKAL HOUSE, THOTTAKKATTUKARA, ALUVA, WEST, PIN - 683101

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BY ADVS.

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KARTHIKA MARIA
SANTHOSH MATHEW
ARUN THOMAS
VEENA RAVEENDRAN
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
DIANA LAURANCE PAUL

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ANEETA MARY SAJI

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RESPONDENTS:

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1 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN - 682001

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2 AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN, ALUVA, KERALA, PIN - 683101

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3 VILLAGE OFFICER,

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ALUVA WEST VILLAGE OFFICE, ALUVA P.O., KERALA, PIN - 683101

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BY ADV

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SMT. DEVISREE R. - GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.5009 OF 2023

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JUDGMENT

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Dated this the 4^th day of August, 2023

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The petitioners are owners and title holders in possession and enjoyment of 51.95 Ares of property in Re-Survey No.84/1 and 4.88 Ares of property in Re-Survey No.96 in Thandaper No.14006 and 9.31 Ares of property in Re-Survey No.8 and 0.866 Ares of property in Re-Survey No.10 in Thandaper No.14005 of Block No.25 of Aluva West Village of Aluva Taluk in Ernakulam District.

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The petitioners submit that the subject property was converted in the year 1970, with a residential building and several trees thereon. The properties are located in a commercially important area adjacent to the National Highway and the adjoining areas are all developed and there is no paddy cultivation in the near vicinity of the properties. Furthermore, the properties of the petitioners are not included in the Data

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W.P.(C) NO.5009 OF 2023

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Bank prepared by the 2^nd respondent. There is no evidence of cultivation of paddy in the properties for the last 50 years and the properties are not covered under the Kerala Conservation of Paddy Land and Wetland Act, 2008.

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However, even now, the properties of the petitioners are described as ‘Nilam’ in the BTR. Under such circumstances, the petitioners herein preferred appropriate applications under Clause 6 of the Kerala Land Utilisation Order, 1967 dated 22.08.2015 to the 1^st respondent seeking permission to utilise the properties for the purposes other than agriculture. Since no orders were passed on Exts.P3 and P4 applications, the petitioners approached this Court filing W.P. (C) No.27201/2015. The said writ petition was disposed of on 09.09.2015 directing the 1^st respondent to consider the Clause 6 applications preferred by the petitioners.

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The 1^st respondent issued order No.KI-8012/15 dated 12.06.2017, rejecting the Clause-6 applications of the

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W.P.(C) NO.5009 OF 2023

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4

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petitioners on the basis of a Circular dated 22.12.2016 issued by the Government. Aggrieved by the same, the petitioners filed W.P.(C) No.32958/2017 challenging the order dated 12.06.2017 and the same was disposed of as per judgment dated 16.10.2017 quashing the order dated 12.06.2017 of the 1^st respondent-Revenue Divisional Officer and directing the Revenue Divisional Officer to pass fresh orders on Clause-6 applications untrammelled by the Circular issued by the Government. However, even after lapse of 5 years, the 1^st respondent has failed to pass any orders on Exts.P3 and P4 Clause 6 applications, in the light of Exts.P5 and P6 judgments.

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I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.

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It is evident from the pleadings that the petitioners have been trying to get permission for using the land for nonagricultural purposes resorting to filing of applications under the

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W.P.(C) NO.5009 OF 2023

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Kerala Land Utilisation Order, 1967 since the year 2015. The petitioners earlier approached this Court filing W.P.(C) No.27201/2015 and again by filing W.P(C) No.32958/2017.

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In W.P.(C) No.32958/2017, this Court passed the impugned order and directed the 1^st respondent to pass fresh orders on the application preferred by the petitioners in the light of the decision of this Court in Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182], untrammelled by Circular No.46848/P1/2016/Revenue dated 22.12.2016. It was directed that fresh orders should be passed within one month.

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In spite of Ext.P6 direction given by this Court, no orders have been passed by the respondents. Taking into consideration the facts and circumstances of the case, I deem it necessary that the 1^st respondent should be directed to pass orders on Exts.P3 and P4.

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The writ petition is therefore disposed of directing the 1^st respondent to consider and pass appropriate orders on

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W.P.(C) NO.5009 OF 2023

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Exts.P3 and P4 adverting to Ext.P6 judgment. Orders shall be passed within a period of one month.

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Sd/- N.NAGARESH JUDGE

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ded

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W.P.(C) NO.5009 OF 2023

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APPENDIX OF WP(C) 5009/2023

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE TAX RECEIPT
NO.KL07041500786/2023 DATED 02.02.2023.
EXHIBIT P1(A)TRUE COPY OF THE TAX RECEIPT
NO.KL07041500787/2023 DATED 02.02.2023.
EXHIBIT P2TRUE COPY OF THE DATABANK PREPARED BY
THE 2ND RESPONDENT FOR ALUVA WEST
VILLAGE.
EXHIBIT P3TRUE COPY OF APPLICATION DATED
22.08.2015 PREFERRED BY THE PREDECESSOR
IN INTEREST OF THE PETITIONER, MS.DAISY
AND THE 2ND PETITIONER UNDER CLAUSE 6,
KLUO 1967 WITH RESPECT TO THE
PROPERTIES COMPRISED IN THANDAPER NO.
14006 OF ALUVA WEST VILLAGE.
EXHIBIT P4TRUE COPY OF APPLICATION DATED
22.08.2015 PREFERRED BY THE PETITIONERS
UNDER CLAUSE 6, KLUO 1967 WITH RESPECT
TO THE PROPERTIES, COMPRISED IN
THANDAPER NO. 14005 OF ALUVA WEST
VILLAGE.
EXHIBIT P5TRUE COPY OF THE JUDGMENT IN W.P.(C).
NO. 27201 OF 2015 DATED 09.09.2015.
EXHIBIT P6TRUE COPY OF JUDGMENT DATED 16.10.2017
IN WRIT PETITION (CIVIL) NO. 32958 OF
2017.

Susha Lonappan, v. Revenue Divisional Officer

Case brief

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Susha Lonappan, v. Revenue Divisional Officer

Case brief

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