Kerala High Court
Meenakumari vs The District Collector on 17 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA,
1942
WP(C).No.24788 OF 2020(W)
PETITIONER:
MEENAKUMARI, AGED 59 YEARS
W/O. SAJEENDRA BABU,
RESIDING AT THAMPURAM PADIKKAL HOUSE,
SOUTH KALOOR ROAD, MANKAV POST,
KOZHIKODE-673 007.
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KOZHIKODE-673020.
2 THE TAHSILDAR
CIVIL STATION, KOZHIKODE-673 020.
3 THE VILLAGE OFFICER
KASABA VILLAGE, KOZHIKODE-673 004.
BY GOVERNMENT PLEADER SMT. RANJITHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.03.2021, ALONG WITH WP(C).24802/2020(A),
WP(C).24848/2020(E), WP(C).24869/2020(G), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.24788 of 2020 & con. Cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA,
1942
WP(C).No.24802 OF 2020(A)
PETITIONER:
MEENAKUMARI, AGED 59 YEARS
W/O.SAJEENDRA BABU, RESIDING AT THAMPURAM
PADIKKAL HOUSE, SOUTH KALOOR ROAD, MANKAV
POST, KOZHIKODE -673007.
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 THE DISTRICT COLLECTOR, CIVIL STATION,
KOZHIKODE -673 020.
2 THE TAHSILDAR,
CIVIL STATION, KOZHIKODE - 673 020.
3 THE VILLAGE OFFICER
KASABA VILLAGE, KOZHIKODE.
OTHER PRESENT:
GP. RANJITA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.03.2021, ALONG WITH WP(C).24788/2020(W),
WP(C).24848/2020(E), WP(C).24869/2020(G), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.24788 of 2020 & con. Cases
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA,
1942
WP(C).No.24848 OF 2020(E)
PETITIONERS:
1 M.P.BHAGESH, AGED 38 YEARS
S/O. BHARATHAN,RESIDING AT MAVILARIPUTHALATH
HOUSE, KAKKODI, KURUVATTUR, KOZHIKODE-673 611
2 M.P.MALATHY, AGED 62 YEARS
W//O. BHARATHAN,RESIDING AT MAVILARIPUTHALATH
HOUSE, KAKKODI, KURUVATTUR, KOZHIKODE-673 611
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KOZHIKODE-673 020
2 THE TAHSILDAR,
CIVIL STATION, KOZHIKODE-673 020
3 THE VILLAGE OFFICER,
KASABA VILLAGE, KOZHIKODE-673 004
BY GOVERNMENT PLEADER SMT. RANJITHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.03.2021, ALONG WITH WP(C).24788/2020(W),
WP(C).24802/2020(A), WP(C).24869/2020(G), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.24788 of 2020 & con. Cases
..4..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA,
1942
WP(C).No.24869 OF 2020(G)
PETITIONER:
E. VAPEETHKUMAR, AGED 40 YEARS
S/O.E.PEETHAMBARAN, RESIDING AT EZHUASSERY
HOUSE, SOUTH KALOOR ROAD, MANKAV POST,
KOZHIKODE-673 007
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 THE DISTRICT COLLECTOR, CIVIL STATION,
KOZHIKODE-673020
KOZHIKODE -673 020
2 THE TAHSILDAR (L.R)
CIVIL STATION, KOZHIKODE -673 020
3 THE VILLAGE OFFICER
KASABA VILLAGE, KOZHIKODE -673 004
BY GOVERNMENT PLEADER SMT. RANJITHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.03.2021, ALONG WITH WP(C).24788/2020(W),
WP(C).24802/2020(A), WP(C).24848/2020(E), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.24788 of 2020 & con. Cases
..5..
W.P.(C) Nos.24788, 24802, 24848
&
24869 of 2020
--------------------------------------
JUDGMENT
Petitioners hold adjoining lands. Though the lands
of the petitioners are shown in the revenue records as 'Nanja',
the same have been converted as dry lands long prior to the
introduction of the Kerala Conservation of Paddy Land and
Wetland Act, 2008 (the Act). As such, the lands of the
petitioners are not included in the data bank prepared under
the Act. It is stated by the petitioners that their lands are
situated in the heart of Calicut city with commercial buildings
all around. In order to make use of the lands for construction
purpose, the petitioners preferred applications for permission
under Clause 6 of the Land Utilization Order (Kerala). The
applications have been allowed. On the strength of the orders
issued under the Land Utilization Order, the petitioners
preferred applications before the competent authority under
the Kerala Land Tax Act for reassessment of the lands and also
W.P.(C) No.24788 of 2020 & con. Cases
..6..
for re-classification of the lands in the revenue records. It is
stated by the petitioners that the said requests are not being
considered. The case of the petitioners is that insofar as the
classification of the lands held by them remains in the revenue
records as 'Nanja', the petitioners are unable to obtain building
permits from the Corporation for construction of buildings in
the lands. The petitioners, therefore, seek directions to the
second respondent to make appropriate changes in all
revenue records classifying the lands of the petitioners as dry
land.
2. When the matters were taken up today, the
learned Government Pleader pointed out that the petitioners
have preferred applications invoking Clause 6 of the Land
Utilization Order after Act 29 of 2018, in terms of which
Sections 27A and 27C were introduced to the Act, and
therefore, the applications preferred by them under the Land
Utilization Order were not maintainable and ought not have
been allowed by the competent authority under the Land
Utilization Order. It was pointed out by the learned Government
Pleader that the orders issued in favour of the petitioners
W.P.(C) No.24788 of 2020 & con. Cases
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under the Land Utilization Order, in the circumstances, were
recalled, after issuing notice to the petitioners. The learned
Government Pleader, however, clarified that the said orders do
not preclude the petitioners from preferring applications for
permission under Section 27A of the Act for making use of the
lands for other purposes. It was also pointed out that on
obtaining orders under Section 27A of the Act, the petitioners
would be free to seek change of classification of the lands in
the revenue records as well.
3. The learned counsel for the petitioners does
not dispute the fact that the petitioners have preferred
applications for permission to make use of the lands for other
purposes under the Land Utilization Order after Act 29 of 2018.
The learned counsel does not also dispute the proposition that
the applications preferred by the petitioners under the Land
Utilization Order, in the circumstances, were not maintainable.
In the aforesaid facts and circumstances, the writ
petitions are disposed of permitting the petitioners to prefer
applications under Section 27A of the Act before the
competent authority within two weeks from the date of receipt
W.P.(C) No.24788 of 2020 & con. Cases
..8..
of a copy of this judgment. Needless to say, if the petitioners
prefer applications within two weeks from the date of receipt of
a copy of this judgment, the same shall be considered and
appropriate orders shall be passed within three weeks
thereafter, having regard to G.O.(Rt.) No.1166/2021/RD dated
25.02.2021.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 18.03.2021
W.P.(C) No.24788 of 2020 & con. Cases
..9..
APPENDIX OF WP(C) 24788/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE DOCUMENT
NO.436/1999 DATED 27.6.1999 OF
KOZHIKODE SUB REGISTRY.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN WPC 10491/2018
DATED 26.3.2018.
EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED BY THE
REVENUE DIVISIONAL OFFICER KOZHIKODE
DATED 4.8.2018.
EXHIBIT P4 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
7.8.2018.
EXHIBIT P5 A TRUE COPY OF THE SETTLEMENT EXTRACT
OF SY.523 OF KASABA VILLAGE ISSUED BY
THE 3RD RESPONDENT DATED 7.9.2018.
EXHIBIT P6 A TRUE COPY OF THE TAX RECEIPT ISSUED
BY THE SPECIAL VILLAGE OFIFCE, KASABA
TO THE PETITIONER DATED 4.4.2020.
EXHIBIT P7 A TRUE COPY OF THE SETTLEMENT EXTRACT
ISSUED BY THE 3RD RESPONDENT DATED
6.11.2020.
EXHIBIT P8 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE 3RD
RESPONDENT DATED 6.11.2020.
EXHIBIT P9 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 4.11.2020.
W.P.(C) No.24788 of 2020 & con. Cases
..10..
APPENDIX OF WP(C) 24802/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE DOCUMENT
NO.1141/2007 DATED 6/10/2007 OF
KOZHIKODE SUB REGISTRY.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN W.P.(C) 10325/2018
DATED 26/03/2018.
EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED BY THE
REVENUE DIVISIONAL OFFICER KOZHIKODE
DATED 19/06/2018.
EXHIBIT P4 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
7/8/2018.
EXHIBIT P5 A TRUE COPY OF THE SETTLEMENT EXTRACT
OF SY.523 OF KASABA VILLAGE ISSUED BY
THE 3RD RESPONDENT DATED 17/9/2018.
EXHIBIT P6 A TRUE COPY OF THE TAX RECEIPT ISSUED
BY THE SPECIAL VILLAGE OFFICE, KASABA
TO THE PETITIONER DATED 4/4/2020.
EXHIBIT P7 A TRUE COPY OF THE SETTLEMENT EXTRACT
ISSUED BY THE 3RD RESPONDENT DATED
6/11/2020.
EXHIBIT P8 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE 3RD
RESPONDENT DATED 6/11/2020.
EXHIBIT P9 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 4/11/2020.
W.P.(C) No.24788 of 2020 & con. Cases
..11..
APPENDIX OF WP(C) 24848/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE DOCUMENT
NO.1454/1993 DATED 30.11.1993 OF
KOZHIKODE SUB REGISTRY
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT OF THIS
HONOURANBLE COURT IN WPC N10484/2018
DATED 26.3.2018
EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED BY THE
REVENUE DIVISIONAL OFFICER KOZHIKODE
DATED 21.6.2018
EXHIBIT P4 A TRUE COPY OF THE REQUEST MADE BY THE
1ST PETITIONER TO THE 2ND RESPONDENT
DATED 7.8.2018
EXHIBIT P5 A TRUE COPY OF THE SETTLEMENT EXTRACT
OF SY 523 OF KASABA VILLAGE ISSUED BY
THE 3RD RESPONDENT DATED 17.9.2018
EXHIBIT P6 A TRUE COPY OF THE TAX RECEIPT ISSUED
BY THE SPECIAL VILLAGE OFFICE, KASABA
TO THE PETITIONERS DATED 4.4.2020
EXHIBIT P7 A TRUE COPY OF THE SETTLEMENT EXTRACT
ISSUED BY THE 3RD RESPONDENT DATED
6.11.2020
EXHIBIT P8 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE 3RD
RESPONDENT DATED 6.11.2020
EXHIBIT P9 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT
DATED 4.11.2020
W.P.(C) No.24788 of 2020 & con. Cases
..12..
APPENDIX OF WP(C) 24869/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE DOCUMENT
NO.430/2001 DATED 21.6.2001 OF
KOZHIKODE SUB REGISTRY
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN W.P.(C) 10493/2018
DATED 26.3.2018
EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED BY THE
REVENUE DIVISIONAL OFFICER KOZHIKODE
DATED 24.7.2018
EXHIBIT P4 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
7.8.2018
EXHIBIT P5 A TRUE COPY OF THE SETTLEMENT EXTRACT
OF SY.523 OF KASABA VILLAGE ISSUED BY
THE 3RD RESPONDENT DATED 17.9.2018
EXHIBIT P6 A TRUE COPY OF THE TAX RECEIPT ISSUED
BY THE SPECIAL VILLAGE OFFICE, KASABA
TO THE PETITIONER DATED 4.4.2020
EXHIBIT P7 A TRUE COPY OF THE SETTLEMENT EXTRACT
ISSUED BY THE 3RD RESPONDENT DATED
6.11.2020
EXHIBIT P8 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE 3RD
RESPONDENT DATED 6.11.2020
EXHIBIT P9 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 4.11.2020
