R.Viswanathan vs State Of Kerala
2024 Latest Caselaw 15153 Ker

Kerala High Court

R.Viswanathan vs State Of Kerala on 5 June, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
         WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                          WP(C) NO. 39875 OF 2018


PETITIONER :-

             R.VISWANATHAN
             T.C.6/1612, HOUSE NO.46, P.T.P. NAGAR,
             VATTIYOORKAVU, THIRUVANANTHAPURAM-38.

             BY ADVS.
             PIRAPPANCODE V.S.SUDHIR
             SRI.JELSON J.EDAMPADAM
             SMT.A.MEGHA



RESPONDENTS :-

     1       STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
             REVENUE DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM.

     2       CORPORATION OF THIRUVANANTHAPURAM,
             REPRESENTED BY ITS SECRETARY,. CORPORATION OFFICE,
             THIRUVANANTHAPURAM.

     3       THE SECRETARY,
             CORPORATION OF THIRUVANANTHAPURAM,
             THIRUVANANTHAPURAM.

     4       THE SUB COLLECTOR,
             REVENUE DIVISIONAL OFFICE, CIVIL STATON,
             KUDAPPANAKUNNU, THIRUVANANTHAPURAM.

             BY ADVS.
             SRI.N.NANDAKUMARA MENON (SR.)
             SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION
 WP(C) NO. 39875 OF 2018
                                2



           SUMAN CHAKRAVARTHY

           SRI. BIMAL K NATH- SR. GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39875 OF 2018
                                   3




                             JUDGMENT

1 The petitioner submitted Ext.P8 Application dated September,

2016 under Clause 6(2) of the Kerala Land Utilization Order,

1967 seeking conversion of two items of properties belonging to

him on the ground that the same have been remaining as dry

lands for the last more than 50 years.

2 The 4th respondent rejected Ext.P8 Application by Ext.P9 Order,

treating it as an Application under the Kerala Conservation of

Paddy Land Wet Land Act, 2008 holding that there is no

provision for conversion for commercial purposes. The petitioner

challenged Ext.P9 in this Court and this Court by Ext.P15

judgment set aside Ext.P9 Order and directed the 4th

respondent to take a fresh decision on Ext.P8 Application.

Thereafter, the 4th respondent considered the matter again and

passed Ext.P16 order holding that the remedy of the petitioner is WP(C) NO. 39875 OF 2018

to submit Application under Section 27A of the Kerala

Conservation of Paddy Land Wet Land Act, 2008.

3 The petitioner filed appeal against Ext.P16 Order and the same

was dismissed as per Ext.P20 order holding that the petitioner is

free to apply under Section 27A of the Kerala Conservation of

Paddy Land Wet Land Act, 2008 when Rules are framed there

under. Petitioner has filed this Writ Petition challenging Exts.P16

and P20 Orders and for other reliefs.

4 It is clear from Ext.P8 Application that the specific case of the

petitioner is that his properties have been remaining converted

for the last 50 years and that is why he sought to invoke Clause

6 of the Kerala Land Utilization Order, 1967. When Ext.P8

Application was rejected by Ext.P9, this Court set aside Ext.P9

by Ext.P15 judgment specifically directing to reconsider the

application by the 4th respondent. Though in Ext.P15 judgment,

this Court has not held that Section 27A of the Kerala

Conservation of Paddy Land Wet Land Act, 2008 is not WP(C) NO. 39875 OF 2018

applicable, since the 4th respondent is directed to reconsider the

Application, the necessary implication is that Ext.P8 Application

is to be considered under Clause 6 of the Kerala Land Utilisation

Order without reference to Section 27A of the Kerala

Conservation of Paddy Land Wet Land Act, 2008. But in

Exts.P16 and P20 the 4th respondent as well as the 1st

respondent rejected Ext.P8 Application again referring to Section

27A of the Kerala Conservation of Paddy Land Wet Land Act,

2008, which is clearly impermissible.

5 The learned counsel for the petitioner cited a Division Bench

decision of this Court in Salim v. State of Kerala [2019 (3) KLT

604] in which it is held that when an Application under Clause

6(2) of the Kerala Land Utilisation Order is filed before the

implementation of Section 27A on 30/12/2017, the said

Application is to be considered as per the provisions of the

Kerala Land Utilisation Order. The said Division Bench decision

is followed in the subsequent Single Bench Decision of this Court WP(C) NO. 39875 OF 2018

in Alex.P.Abraham & Others V. Revenue Divisional Officer

Thiruvananthapuram and Others [2021(1) KHC 427] .

6 Referring to Paragraph No.6 of the Statement dated 3/06/2019

filed by the 1st respondent, the learned Government Pleader

opposed the prayers in the writ petition contending that even for

the land converted before the implementation of Kerala Land

Utilisation Order, there is provision in Section 27A(3) of the

Kerala Conservation of Paddy Land Wet Land Act, 2008 for

giving permission without making any payment and hence the

petitioner has to make Application under Section 27A.

7 In the light of the aforesaid decisions of this Court and also in the

light of the fact that this Court set aside Ext.P9 order by Ext.P15

judgment directing reconsideration of Ext.P8 Application

presumably under the provisions of the Kerala Land Utilisation

Order, the above contention of the respondent is not sustainable.

8 Accordingly, this Writ Petition is disposed by setting aside

Ext.P16 and P20 orders and directing the 4 th respondent to WP(C) NO. 39875 OF 2018

consider Ext.P8 Application strictly in accordance with the

provisions under Clause 6 of the Kerala Land Utilisation Order,

1967 without reference to the provisions of the Kerala

Conservation of Paddy Land Wet Land Act, 2008, within a period

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

Petitioner is free to produce documents before the 4th

respondent to substantiate Ext.P8 Application.

Sd/-

M.A.ABDUL HAKHIM JUDGE SMA WP(C) NO. 39875 OF 2018

APPENDIX OF WP(C) 39875/2018

PETITIONER EXHIBITS :-

EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 28.12.1995 OF SUB REGISTRAR'S OFFICE, CHALA.

EXHIBIT P2 TRUE COPY OF THE SALE DEED DATED 5.5.2014 OF SUB REGISTRAR'S OFFICE, CHALA.

EXHIBIT P3 TRUE COPY OF THE SALE DEED DATED 4.6.1992 OF SUB REGISTRAR'S OFFICE, CHALA.

EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER AND ITS SURROUNDINGS INCLUDING A VIEW OF TH E NEARBY HOUSES.

EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER AND ITS SURROUNDINGS INCLUDING A VIEW OF THE NEARBY HOUSES.

EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER AND ITS SURROUNDINGS INCLUDING A VIEW OF THE NEARBY HOUSES.

EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER AND ITS SURROUNDINGS INCLUDING A VIEW OF THE NEARBY HOUSES.

EXHIBIT P8 TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN SEPTEMBER, 2016 UNDER ORDER 6(2) OF THE LAND UTILISATION ORDER 1967 BEFORE THE 5TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER NO.A1-16727/16 DATED 30.11.2016 OF THE 4TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LETTER NO.KBT 4/2016-17 DATED 22.11.2016 OF THE AGRICULTURAL OFFICER, KRISHI BHAVAN, CITY CORPORATION, THIRUVANANTHAPURAM.

WP(C) NO. 39875 OF 2018

EXHIBIT P11 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK REGISTER, ENCLOSED ALONG WITH EXT.P10 LETTER.

EXHIBIT P12 TRUE COPY OF THE RELEVANT EXTRACT OF THE BTR NO.3774/16 MAINTAINED IN THE MANACAUD VILLAGE.

EXHIBIT P13 TRUE COPY OF THE ELECTRIC BILL PERTAINING TO THE BUILDING IN QUESTION.

EXHIBIT P14 TRUE COPY OF THE WATER BILL PERTAINING TO THE BUILDING IN QUESTION.

EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 15.11.2017 OF THIS HON'BLE COURT IN WPC.NO.11715/2017.

EXHIBIT P16 TRUE COPY OF THE CASE NO.I/16727/16 DATED ..03.2018 OF THE 4TH RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE LETTER DATED 22.8.2017 OF THE AGRICULTURAL FIELD OFFICER.

EXHIBIT P18 TRUE COPY OF THE LETTER DATED 14.8.2017 OF THE VILLAGE OFFICER, MANACAUD.

EXHIBIT P19 TRUE COPY OF THE APPEAL DATED 22.3.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ORDER 11 OF KERALA UTILISATION ORDER 1967, WITHOUT IT ENCLOSURES.

EXHIBIT P20 TRUE COPY OF THE G.O.(RT)NO.4043/2018/REV., DATED 3.10.2018.