Kerala High Court
Lulu Hypermarket Pvt Ltd vs The Land Revenue Commissioner on 26 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 26TH DAY OF AUGUST 2021/4TH BHADRA, 1943
WP(C) NO. 13535 OF 2021
PETITIONER:
LULU HYPERMARKET PVT LTD.,
ROOM NO. 5, DOOR NO. 34/1000,
EDAPPALLY P.O., ERNAKULAM DISTRICT,
KERALA, PIN 682 024, REPRESENTED BY
ITS AUTHORIZED SIGNATORY,
SHRI. SADIK KASSIM, AGED 43 YEARS,
S/O. KASSIM M.A., REISIDING AT
AL SAFA, SAFA NAGAR, NADAKKAL P.O.,
ERATTUPETTA VILLAGE, KOTTAYAM, KERALA.
BY ADVS.
P.K.SOYUZ
E.V.BABYCHAN
RESPONDENTS:
1 THE LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING,
OPPOSITE MUSUEM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN-695 033.
2 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, AYYANTHOLE,
THRISSUR DISTRICT-680 003.
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, AYYANTHOLE P.O.,
THRISSUR DISTRICT, PIN-680 003.
4 THE VILLAGE OFFICER,
AYYANTHOLE VILLAGE,
THRISSUR TALUK, AYYANTHOLE P.O.,
THRISSUR DISTRICT, PIN-680 003.
WP(C)No.13535/2021
2
5 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE,(KSREC),
C BLOCK, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695 033.
BY GOVERNMENT PLEADER SRI.RENJITH S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.13535/2021
3
JUDGMENT
Dated this the 26th day of August, 2021
The petitioner a Company registered under the
Companies Act, has filed this writ petition seeking to quash
Exts.P6 and P7 and to direct the 2 nd respondent to consider
and dispose of Ext.P3 application on the basis of Exts.P9 to
P11 reports of the 5th respondent and in the light of the law
laid down by this Court in various judgments. The petitioner
further seeks to direct the respondents to make necessary
corrections in the Data Bank of Thrissur Municipal
Corporation by removing certain lands owned by the
petitioner.
2. The petitioner states that the Company owns
161.45 Ares of land in Sy. No. 403, 405 and 406 of
Ayyanthole Village in Thrissur Taluk. The said lands are
WP(C)No.13535/2021
classified as 'Nilam' in the revenue records and Basic Tax
Register. According to the petitioner, the lands comprised
in Sy.No.407/1, 407/2, 408, 409/1, 409/2, 410/2 and 412 of
Ayyanthole Village are also wrongly recorded as 'Nilam' in
the Data Bank. The lands comprised in Sy. Nos. 403, 405
and 406 are included in the Draft Data Bank as converted
land. The petitioner states that the said lands were
converted much prior to the commencement of the Kerala
Conservation of Paddy Land and Wetland Act, 2008. The
said lands are not cultivable land and at any rate, not
suitable for paddy cultivation. The 2 nd respondent Revenue
Divisional Officer has already granted permission to utilise
50 cents of land comprised in Sy.No.405 for other
purposes, as per Ext.P4.
3. The predecessors in interest of the petitioner
filed application for conversion of land comprised in Sy.Nos.
403, 405 and 406. Their application was rejected as per
WP(C)No.13535/2021
Ext.P6, holding that if permission is granted it will affect
adversely the neighbouring paddy lands. After purchase of
the land, the petitioner filed an appeal before the 1 st
respondent Land Revenue Commissioner. The 1 st
respondent rejected the appeal as per Ext.P7.
4. Subsequently, the petitioner approached the 3 rd
respondent-Local Level Monitoring Committee seeking to
make corrections in the Data Bank in respect of land
comprised in Sy.No.403, 405 and 406 as per Ext.P8
application. On the application of the petitioner, the 5 th
respondent-KSREC sent three reports, Exts.P9 to P11.
However, by Ext.P12, the petitioner was informed that the
lands owned by the petitioner were included as paddy land
in the Data Bank. The petitioner hence approached the 2 nd
respondent-Revenue Divisional Officer filing Ext.P13
application in Form-5, invoking Rule 4(4D) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008.
WP(C)No.13535/2021
Ext.P13 has not been disposed of so far.
5. The learned counsel for the petitioner argued
that Exts.P6 and P7 orders are wrong since the land in
question was converted long prior to the year 2008. In view
of the scientific reports provided by the 5 th respondent-
KSREC and various judgments of this Court, which are in
favour of the petitioner, the 2nd respondent is bound to
consider Ext.P13 and pass orders, making necessary
changes in the Land Data Bank, contended the learned
counsel for the petitioner.
6. The 2nd respondent filed a counter affidavit
stating that for the entire extent of the property, the
petitioner has not preferred any application under Clause 6
of the Kerala Land Utilisation Order before December,
2017. Therefore, the petitioner cannot claim the benefit of
Ext.P18 judgment. According to the 2 nd respondent, there
are vast paddy lands adjacent to the property of the
WP(C)No.13535/2021
petitioner. Conversion of the petitioner's property may
adversely affect paddy cultivation in the nearby locality.
The 2nd respondent however submitted that since the
application of the petitioner in Form-5 is pending, the same
will be considered in accordance with law, after conducting
inspection.
7. Heard the learned counsel for the petitioner and
the learned Government Pleader representing respondents
1 to 5.
8. From the pleadings and arguments, it is
discernible that by Exts.P9 to P11 reports, the KSREC has
found that even prior to the order 2008, the land in question
was observed under scattered plantation/trees and there
are linear features representing roads. The Data of the
year 2010 shows scattered vegetation/plantation in some
areas. The KSREC has relied on toposheet of 1967 to
arrive at its conclusions.
WP(C)No.13535/2021
9. In such circumstances, this Court is of the
considered opinion that the 2nd respondent has to consider
Ext.P13 Form-5 application submitted by the petitioner in
the light of Exts.P9 to P11 which are reports with scientific
data.
In the circumstances of the case, the writ petition is
disposed of directing the 2nd respondent to consider
Ext.P13 application submitted by the petitioner in the light
of Exts.P9 to P11 reports and pass order thereon within a
period of two months. If orders so passed are in favour of
the petitioner, then the 2nd respondent will be at liberty to
reconsider Ext.P5 or to consider any other application
under the Kerala Land Utilisation Order without reference to
Exts.P6 and P7.
Sd/-
N. NAGARESH
JUDGE
ncd/27.08.2021
WP(C)No.13535/2021
APPENDIX OF WP(C) 13535/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT
DATED 13.08.2020 NO. 2055590.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT
DATED 13.08.2020 NO. 2055591.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF
DRAFT DATA BANK.
Exhibit P4 TRUE COPY OF THE ORDER NO. K.DIS
6818/95 D1 DATED 24.06.1995.
Exhibit P5 TRUE COPY OF THE APPLICATION UNDER
CLAUSE 6 OF KLUO DATED 13.03.2017.
Exhibit P6 TRUE COPY OF THE ORDER PASSED BY THE
2ND RESPONDENT DATED 14.08.2020.
Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE
1ST RESPONDENT DATED 03.12.2020.
Exhibit P8 TRUE COPY OF THE APPLICATION
SUBMITTED BEFORE THE 3RD RESPONDENT
DATED 27.01.2021.
Exhibit P9 TRUE COPY OF THE REPORT OF R5 KSREC
DATED 22.02.2021 WITH RESPECT TO SY.
NO. 403.
Exhibit P10 TRUE COPY OF THE REPORT OF R5 KSREC
DATED 22.02.2021 WITH RESPECT TO SY.
NO. 405.
Exhibit P11 TRUE COPY OF THE REPORT OF R5 KSREC
DATED 22.02.2021 WITH RESPECT TO SY.
NO. 406.
Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF
THE NOTIFIED DATA BANK OF THRISSUR
MUNICIPAL CORPORATION.
Exhibit P13 TRUE COPY OF THE APPLICATION IN FORM
NO. 5 DATED 26.03.2021.
Exhibit P14 TRUE COPY OF THE RECEIPT DATED
26.03.2021.
Exhibit P15 TRUE COPY OF THE CIRCULAR NO. REV-
P1/55/2020 REVENUE (P) DEPARTMENT
DATED 30.04.2020.
WP(C)No.13535/2021
Exhibit P16 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.C NO. 8021 OF
2021 DATED 26.03.2021.
Exhibit P17 TRUE COPY OF THE ORDER NO. D13723/21
DATED 01.06.2021 PASSED BY THE 2ND
RESPONDENT.
Exhibit P18 TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA IN
WP(C)NO.12968 OF 2020 DATED
01.07.2020
EXHIBIT P19 TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA IN
MATHER NAGAR RESIDENTS ASSOCIATION
AND ANOTHER V. DISTRICT COLLECTOR,
ERNAKULAM AND OTHERS DATED 12.02.2020
IN WP(C)NO.33717 AND 34983 OF 2018
REPORTED 2020(2) KHC 94.
EXHIBIT P20 TRUE COPY OF THE JUDGMENT IN JOY V.
REVENUE DIVISIONAL OFFICER/SUB
COLLECTOR, DATED 14.12.2020 IN
WP(C)NO.33071 OF 2019, REPORTED IN
2021 (1) KLT 433.
