Dr.Bijoy vs The Revenue Divisional ...
2021 Latest Caselaw 12206 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                    WP(C).No.8121 OF 2021(M)

PETITIONER/S:
            DR.BIJOY,
            AGED 46 YEARS,S/O JOHN,
            CHIRAYATH HOUSE, TOURIST BUNGLOW ROAD,
            THRISSUR P.O, THRISSUR TALUK,
            THRISSUR DISTRICT
            BY ADV. SRI.P.M.ZIRAJ

RESPONDENT/S:
      1     THE REVENUE DIVISIONAL OFFICER(R.D.O)
            THRISSUR, THRISSUR DISTRICT-680001.

      2       THE LOCAL LEVEL MONITORING COMMITTEE,
              THRISSUR MUNICIPALITY,
              REPRESENTED BY ITS CONVENER, AGRICULTURAL
              OFFICER, KRISHI BHAVAN, OLLUKKARA,
              MANNUTHY P.O,
              THRISSUR DISTRICT-680651.

      3       AGRICULTURAL OFFICER
              KRISHI BHAVAN, OLLUKKARA, MANNUTHY P.O,
              THRISSUR DISTRICT-680651.

      4       THE VILLAGE OFFICER,
              NETTISSERI VILLAGE,
              THRISSUR DISTRICT-680655.

      5       THE DISTRICT COLLECTOR,
              CIVIL STATION,
              COLLECTORATE,
              THRISSUR DISTRICT,
              PIN-680003.

              BY GOVERNMENT PLEADER SMT.VINEETHA B.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.8121 OF 2021(M)


                                -2-



          Dated this the 23nd day of April 2021

                       J U D G M E N T

This Writ Petition is filed with a prayer to

treat the application submitted by the petitioner

under Section 3A of Kerala Conservation of Paddy

Land and Wetland Act 2008, which leads to Ext.P3

communication, as one under Clause 6 of the Kerala

Land Utilisation order without insisting for

payment of money. The application referred in

Exhibit.P3 application was submitted on 30.01.2016.

This point is considered by this Court in

Exhibit.P4 judgment dated 14.12.2020 in

W.P(C)No.14940/2020. Relevant portion of Exhibit.P4

judgment is extracted herein:

6. The short question that is to be considered in this case is whether the petitioners application coming under Section 3A can be treated as an application that comes under clause 6 of the Kerala Land Utilisation order or not.

7. Section 27A has only a prospective application with effect from 30.12.2017.

WP(C).No.8121 OF 2021(M)

Section 27A also stipulates payment of necessary fee for the regularisation of the land. The Division Bench of this Court in Salim v. State of Kerala (2019(3) KLT

604) held that Section 27A is having only prospective application. Any application submitted prior to 30.12.2017 under clause 6 of the Kerala Land Utilisation Order has to be considered in accordance with the provisions of the Kerala Land Utilisation Order.

8. It is obvious that the petitioners attempt is to treat the application under clause 6 of the Kerala Land Utilisation Order to avoid the payment stipulated under Section 27A. Under the Kerala Land Utilisation Order there cannot be any stipulation for effecting payment in utilizing the land for other purposes.

9. The Court can very well treat the application under Section 3A as it comes under clause 6 as the purpose of both provisions are one and the same. Clause 6 can be invoked if the land is not required for any crop which were in cultivation in the land. By the non-inclusion of the land in the data bank itself is a declaration that the land is unfit for cultivation of paddy. Therefore, holder of the land cannot be directed to cultivate paddy. In such circumstance, he should be given permission to utilize the land for other purposes. Section 3A as originally stood and Section 27A also has similar objectives; but on condition that necessary fees has to be paid. The object of clause 6 (2) application and Section 3A and Section 27A of the Paddy Land Act being one and the same, to regularise the un-notified land in the data bank, this Court is of the view that there is no WP(C).No.8121 OF 2021(M)

difficulty in treating an application under Section 3A as it comes under clause 6 of the Kerala Land Utilisation Order. In such circumstance, there shall be a direction to the first respondent to treat the application submitted by the petitioners on 24.02.2016 as coming under clause 6 of the Kerala Land Utilisation Order and pass orders thereon. It is made clear that the petitioners cannot be insisted to make any payment as referable under Section 27A.

In the light of the above principle, this Writ

Petition can be disposed of.

Therefore, this Writ Petition is disposed of

directing the 1st respondent to treat the

application submitted by the petitioner on

30.01.2016 as one coming under Clause 6 of the

Kerala Land Utilisation Order and pass orders

thereon.

It is made clear that the petitioner cannot be

insisted to make payment as referred above under

Section 27A of the Paddy Land Act. The 1 st

respondent will pass orders within a period of two WP(C).No.8121 OF 2021(M)

months from the date of receipt of a copy of this

judgment.

Sd/-

STK/RR P.V.KUNHIKRISHNAN, JUDGE WP(C).No.8121 OF 2021(M)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF TAX RECEIPT DATED 14.7.2020 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIFTH RESPONDENT TO THE THIRD RESPONDENT DATED 30.01.2016 ALONG WITH RELEVANT PAGES OF APPLICATION OF PETITIONER.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 14.12.2020 IN WPC NO.14940/2020.