Kerala High Court
Hamza vs State Of Kerala 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
W.P.(C)NO.32036 OF 2019
PETITIONER:
HAMZA, AGED 72 YEARS, S/O.KUNHIMON,
ETTUKANDATHIL HOUSE, KOONAMOOCHI.P.O.,
THRISSUR DISTRICT-680 504.
BY ADVS.
AVM.SALAHUDIN
SMT.A.D.DIVYA
SMT.JUHI A SALAHUDEEN
SMT.VIDYAJITH M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
AGRICULTURE (NCA) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING, MUSEUM ROAD,
OPPOSITE ZOO, VIKHAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695 033.
3 REVENUE DIVISIONAL OFFICER,
1ST FLOOR, CIVIL STATION, CIVIL LANES ROAD,
AYYANTHOLE, THRISSUR-680 003.
4 SECRETARY, KOLAZHI GRAMA PANCHAYAT.,
M.G.KAVU P.O., THRISSUR DISTRICT-680 581.
5 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,
KOLAZHI GRAMA PANCHAYAT, M.G.KAVU.P.O.,
THRISSUR DISTRICT-680 581.
WP(C) No.32036/2019
:2 :
6 AGRICULTURE OFFICER, KRISHI BHAVAN, KOLAZHI,
PUTHANMADAMKUNNU, M.G.KAVU P.O.,
THRISSUR DISTRICT-680 581.
BY ADVS.
SRI.SANTHOSH P.PODUVAL,
SC, KOLAZHY GRAMA PANCHAYAT
SRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SRI.S.RENJITH, ADDITIONAL A.G,
FOR R1 TO R3, R5 & R6
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.32036/2019
:3 :
JUDGMENT
~~~~~~~~~
Dated this the 26th day of August, 2021
In this writ petition, the petitioner seeks to quash
Exts.P2, P4 and P7 orders and to direct the 3 rd respondent to
make necessary corrections in the Basic Tax Register. The
petitioner further seeks to direct the 4 th respondent to consider
his application for Building Permit.
2. The petitioner holds 2 Acres and 63.2080 cents of
land in Kuttoor Village in Thrissur District. It, in fact, is a dry
land for more than 25 years and has different types of trees
standing thereon, having 20 to 30 years of age. The property
is not suitable for paddy cultivation. On 01.07.2015, the
petitioner made an application under Clause 6 of the Kerala
Land Utilisation Order. This Court as per Ext.P1 judgment in
WP(C) No.33799/2016 directed the petitioner to obtain
satellite pictures and approach LLMC.
WP(C) No.32036/2019
3. The Sub Collector passed Ext.P3 order declining to
convert the land under the Kerala Land Utilisation Order,
1967. The petitioner filed an appeal against Ext.P3 order. In
the appeal, the 2nd respondent-Land Revenue Commissioner
passed Ext.P4 order requiring the petitioner to file application
under the Kerala Conservation of Paddy Land and Wetland
Act, 2008. The petitioner thereupon preferred a revision
petition before the Government. On revision, Ext.P7 order has
been passed directing the petitioner to avail remedies under
Section 27A of the Kerala Conservation of Paddy Land and
Wetland Act, 2008.
4. Aggrieved by Ext.P7, the petitioner is before this
Court. The petitioner would contend that his property is lying
as a dry land for the last more than 25 years and hence the
Act, 2008 will not apply. The petitioner moved an application
under the Kerala Land Utilisation Order, 1967 and his
application should have been considered under that Order.
The petitioner's property, according to him, is removed from
the Data Bank. On such grounds, the petitioner seeks to
WP(C) No.32036/2019
quash Ext.P7 and to correct the Basic Tax Register.
5. The 1st respondent filed a counter affidavit and
contested the writ petition. The 1 st respondent stated that the
petitioner's land is fallow land in 2010, as per the KSREC
report. However, the Report shows that the plot was
predominantly under agriculture practice in the year 2007 and
the trend continued even thereafter. The petitioner's property
cannot be permitted to be converted for construction activities,
under the Kerala Land Utilisation Order. It was under such
circumstances that the petitioner was advised to resort to the
Act, 2008.
6. Heard the learned counsel for the petitioner, the
learned Additional Advocate General for respondents 3, 5 and
6 and the learned Standing Counsel for the 4 th respondent.
7. As the land of the petitioner is recorded as 'Nilam'
in the Basic Tax Register and since the petitioner has made
application for using the land for other purposes before the
introduction of Section 27A of the Act, 2008, the respondents
ought to have considered the application of the petitioner
WP(C) No.32036/2019
under the provisions of the Kerala Land Utilisation Order. Any
subsequent amendments to the Act, 2008 cannot adversely
affect the claim of the petitioner. To that extent, Ext.P7 which
compels the petitioner to resort to the provisions of the Act,
2008 is unsustainable.
In such circumstances, Exts.P2, P4 and P7 orders
are set aside. The 3 rd respondent is directed to reconsider the
application submitted by the petitioner and pass orders
thereon within a period of two months. The writ petition is
disposed of with the said direction.
Sd/-
N. NAGARESH, JUDGE
aks/24.08.2021
WP(C) No.32036/2019
APPENDIX OF WP(C) 32036/2019
PETITIONER EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED
24/10/2016 IN WPC NO.33799/32016 PASSED
BY THIS HON'BLE COURT
EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED
13.10.2017 PASSED BY THE RDO, THE 3RD
RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED
21/12/2017 IN WPC NO.111755/2016 BY
THIS HON'BLE COURT
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED
14.03.2018 PASSED BY THE 2ND RESPONDENT
IN THE APPEAL FILED BY THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED
26.11.2018 IN WPC NO 17368/2018 BY THIS
HON'BLE COURT
EXHIBIT P6 THE TRUE COPY OF THE MEMORANDUM OF
REVISION DATED 11/12/2018 FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED
11.11.2019 PASSED BY THE 1ST RESPONDENT
IN EXT-P6 REVISION
EXHIBIT P8 THE TRUE COPY OF THE APPLICATION DATED
1/7/2015 UNDER THE PROVISIONS OF THE
KERALA LAND UTILIZATION ORDER
