Kunjimuhammed vs State Of Kerala
2021 Latest Caselaw 20719 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                        WP(C) NO. 18787 OF 2021
PETITIONER:

          KUNJIMUHAMMED
          AGED 69 YEARS
          S/O.MOIDU HAJI, MUTHANIKKAATU, THALAKKADATHUR,
          CHERIYAMUNDAM, TIRUR, MALAPPURAM DISTRICT,
          PIN - 676 103.

          BY ADV K.I.ABDUL RASHEED



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
          DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695 001.

    2     THE REVENUE DIVISIONAL OFFICER
          TIRUR, MALAPPURAM DISTRICT, PIN - 676 101.

    3     THE AGRICULTURAL FIELD OFFICER
          KRISHI BHAVAN, TIRUR, MALAPPURAM DISTRICT,
          PIN - 676 101.



          APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18787 OF 2021

                                        2


                                   JUDGMENT

This writ petition is filed seeking directions to the 2 nd respondent to

consider and pass orders on Exts.P4 and P5 applications under the

provisions of the Kerala Land Utilisation Order. It is submitted that the

petitioner is the owner of nearly 7.5 cents of land in Survey Nos.297/1, 2, 3

in Tirur Village, Malappuram District. It is submitted that the petitioner had

reclaimed the property decades back and that the property is lying as

converted land. It is submitted that in the data bank prepared as per the

provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008,

the property is described as converted about 10-15 years back. It is

submitted that the petitioner had submitted applications as early as on

28.06.2016 before the Tirur Municipality for obtaining a building permit. It

is stated that the petitioner was informed that the property is recorded as

'Nanja' in the revenue records and therefore applications have to be

submitted under Clause 6 of the Kerala Land Utilisation Order. The

petitioner thereupon submitted Ext.P4 application dated 21.10.2017 which

has not been considered. It is submitted that a reminder has also been

issued on 18.11.2020 as Ext.P5 which was also not been considered.

2. The learned Government Pleader submits on instructions that an

application submitted by the petitioner had been received and the same is WP(C) NO. 18787 OF 2021

dated 31.10.2017. In view of the fact that such an application has been

preferred before the introduction of the provisions of Section 27A and the

allied provisions in the Kerala Conservation of Paddy Land and Wetland Act,

2008, the said application can be considered in terms of the Kerala Land

Utilisation Order.

Having heard the learned counsel on either side and having

considered the contentions advanced, I am of the opinion that since an

application has admittedly been filed by the petitioner before the date of

effect of the amendment to the 2008 Act, the application is liable to be

considered under Clause 6 (2) of the Kerala Land Utilisation Order. There

will, accordingly, be a direction to the 2 nd respondent to take up Ext.P4

application and to consider and dispose of the same in accordance with law,

taking note of the relevant provisions of law as well as the binding

judgments of this Court. Orders shall be passed after considering all relevant

aspects of the matter and after obtaining all due reports within a period of

two months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 18787 OF 2021

APPENDIX OF WP(C) 18787/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 25/02/2021 ISSUED BY THE VILLAGE OFFICER, TIRUR.

Exhibit P2 TRUE COPY OF THE DATA BANK ISSUED BY THE VILLAGE OFFICER, TIRUR.

Exhibit P3 TRUE COPY OF THE LETTER NO.BA.125/16 DATED 26/07/2016 ISSUED BY THE TIRUR MUNICIPALITY.

Exhibit P4 TRUE COPY OF THE APPLICATION NO.F10755/17 DATED 21/10/2017 SUBMITTED TO THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 18/11/2020 SUBMITTED TO THE 2ND RESPONDENT.