Aydru vs The State Of Kerala
2022 Latest Caselaw 6564 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                    WP(C) NO. 15551 OF 2019
PETITIONER/S:

            AYDRU,AGED 83 YEARS
            S/O. A.N. BAPPUTTY, RESIDING AT PERUMPULLIPATT,
            PAYYORAYIL HOUSE, THOZHIYOOR P.O., THRISSUR-
            680520, REPRESENTED BY POWER ATTORNEY HOLDER M.
            SASIDHARAN, AGED 52, S/O. BHASKARAN NAIR,
            MANAYIDATH HOUSE, GURUVAYOOR P.O., THIRUSSR -
            680101.
            BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT/S:
    1    THE STATE OF KERALA, REPRESENTED BY THE
         SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
         695001.
    2    THE DISTRICT COLLECTOR,
         COLLECTORATE, AYYANTHOLE, THRISSUR-680002.
    3    THE REVENUE DIVISIONAL OFFICER,
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         THRISSUR-680002.
    4    THE TALUK TAHSILDAR, THRISSUR TALUK OFFICE,
         THRISSUR-680002.
    5    THE VILLAGE OFFICER, AYYANTHOLE VILLAGE OFFICE,
         THRISSUR-680002.
    6    THE THRISSUR CORPORATION, REPRESENTED BY ITS
         SECRETARY, M.O. ROAD, THRISSUR-680001.
 ADDL.R7 THE TAHSILDAR (LR), THRISSUR
         IS SUO MOTU IMPEADED AS PER ORDER DATED
         09.06.2022.
         BY ADV SRI. SANTHOSH P.PODUVAL, SC, THRISSUR
         CORPORATION
OTHER PRESENT:
         SRI.HANIL KUMAR.H, SPL.GP(REVENUE)
     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   09.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 15551 of 2019



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No.15551 of 2019
                       =============================================================

                     Dated this the 9th day of June, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(i) To declare that amendment of Section 27A to C of the Kerala Conservation of Paddy Land and Wetland Act, 2008 as amended in 2018 does not apply to the land of the petitioner as covered by Ext.P2 in the interest of justice.

(ii) In the alternative of this Hon'ble Court finding that Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, as amended in 2018 is illegal and invalid; to declare that they are ultra virus the Constitution of India since such amendment is beyond the legislative competence and hence void.

(iii) To declare that amended Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, as amended in 2018 does not apply to the land the tenure of which in reality has already undergone a change and no more continues to be paddy land or wetland as on the date of coming into force of the said Statute and the said amendment is not a substitute for clause 6 of the Kerala Land Utilization Order, 1967.

W.P.(C). No. 15551 of 2019

(iv) To issue a writ of mandamus or any other appropriate writ order or direction commanding the 6th respondent to consider the application of the petitioner for reconstruction, without insisting for any orders from the 3rd respondent under the provisions of the KLU or any other statute, in the interest of justice.

(v) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant."

2. The petitioner is the owner of certain extents of land

in Sy.No.422/P and 419/3 & 4 of Ayyanthole Village. The

petitioner obtained Ext.P3 order from the Revenue Divisional

Officer, Thrissur, under the Kerala Land Utilisation Order as

early as on 04.02.1991. Thereafter, the petitioner constructed a

building. Ext.P4 is the building permit dated 19.11.2007.

Thereafter, building was constructed by the petitioner as seen in

Ext.P2 photograph. Now the petitioner wants to demolish the

existing building and wants to put up a new building. But at

that stage, the respondents took a stand that the petitioner has to

obtain permission under Section 27A of the Kerala

W.P.(C). No. 15551 of 2019

Conservation of Paddy Land and Wetland Act (for short the

Act). Hence, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. The counsel for the petitioner reiterated his

contentions in the writ petition. The counsel also relied on the

judgment of this Court in Tahsildar, Thodupuzha Taluk and

another v. Renjith George [2020 (1) KHC 865]. The learned

Government Pleader, on the other hand, submitted that the

petitioner only need to approach the Tahsildar (LR) for getting

necessary permit in consequent to Ext.P3. In the light of the

same, nothing survives in this case. The writ petition can be

disposed of allowing the petitioner to approach the Tahsildar

(LR) and there can be a direction to the Tahsildar (LR) to pass

consequential orders within a time frame.

W.P.(C). No. 15551 of 2019

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner is free to approach additional 7 th respondent with an application along with necessary documents, for the purpose of reassessment of the property under the Kerala Land Tax Act, 1961, within two weeks from the date of receipt of a copy of this judgment.

2. Once such an application is received, the additional 7th respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate within one month from the date of receipt of the application.

3. It is declared that no 27A application under the Act, is necessary in the facts and circumstances of the case.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 15551 of 2019

APPENDIX OF WP(C) 15551/2019

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER DATED 16/03/2019.

EXHIBIT P2 A TRUE COPY OF THE PHOTOGRAPHS OF THE SUBJECT BUILDING TAKEN RECENTLY.

EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED BY THE RDO, DATED 04/02/1991.

EXHIBIT P4 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE THRISSUR CORPORATION DATED 19/01/20017.

EXHIBIT P5 A TRUE COPY OF THE REQUEST OF CHILDREN OF THE PETITIONER BEFORE THE RDO DATED 11/02/2019.

EXHIBIT P6 A TRUE COPY OF THE RECEIPT ISSUED BY THE THIRD RESPONDENT DATED 11/02/2019. EXHIBIT P7 A TRUE COPY OF THE RECEIPT ISSUED DATED 05/12/2018 BY THE 6TH RESPONDENT.