Kerala High Court
Krishan Nair vs Revenue Divisional Officer on 22 October, 2024
WP(C) NO. 22404 OF 2023 1
2024:KER:79097
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 22404 OF 2023
PETITIONER:
KRISHAN NAIR.T.K,
AGED 83 YEARS
S/O. SANKUNNI NAIR, KRISHNA NIVAS,
KAVUNGALPRAMBU, PERINTHALMANNA.P.O., MALAPPURAM
DISTRICT, PIN - 679322
BY ADVS.
U.K.DEVIDAS
S.K.SREELAKSHMY
RESPONDENTS:
REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA, PERINTHALMANNA.P.O, MALAPPURAM
1
DISTRICT, PIN - 679322
TAHSILDAR,
TALUK OFFICE, PERINTHALMANNA, MALAPPURAM
2
DISTRICT, PIN - 679322
VILLAGE OFFICER,
VILLAGE OFFICE, PERINTHALMANNA, PERINTHALMANNA.
3
P.O., MALAPPURAM DISTRICT, PIN - 679322
OTHER PRESENT:
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.22404 of 2023
.............................................................
Dated this the 22nd day of October 2024
JUDGMENT
The petitioner and his children are the owners of the
38.04 Ares and 0.20 Ares of land comprised in Re-Survey No.101/4-
2 & 101/4-1 (Total 38.24 Ares) in Perinthalmanna Village in
Perinthalmanna Taluk of Malappuram District.
2. The above land was purchased in the name of the
wife of the petitioner on 11.03.1980. The petitioner's wife died on
19.01.2023 and the petitioner and his children are the legal heirs.
On the application of the wife of the petitioner, orders were passed
under clause 6 (2) of the Kerala Land Utilisation Order, 1967,
granting permission for converting the land as dry land as per
Ext.P4 order dated 23.09.1981. However, the description of the
property in the revenue records was 'Nilam' and therefore, the
wife of the petitioner filed an application in 2022 for a change of
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description of the property in the revenue records as per Ext.P5
application under Section 6 of the Kerala Land Tax Act, 1961.
3. The respondents directed her to file an
application under Section 27(A) of the Kerala Conservation of
Paddy Land and Wetland Amendment Act 2018, which she did on
16.03.2022 before the 2nd respondent on 17.03.2023. The 2nd
respondent returned the application and directed the application
filed to be submitted before the 1st respondent as per P7
communication.
4. In the instant case, since the petitioner obtained
orders under clause 6 (2) of the K.L.U order much prior to the
amendment Act 2018 which kicked in on 30-12-2017, there was no
requirement at all to make an application under Section 27A which
position is settled, though the judgments of this Court in
Tahasildar, Thodupuzha Taluk and Another v. Renjith George [2020
(1) KHC 865], Ranjith M. @ Ranjith Moolassery v. State of Kerala
and Others [2020 (5) KHC 313], Sealand Builders Pvt. Ltd. (M/s.) v.
Revenue Divisional Officer, Fortkochi and Others [2020 (4) KHC 764]
and Prakash P.K. And Another v. State of Kerala and Others [2022
(4) KHC 504].
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5. Under such circumstances, the direction to the
petitioner to apply to Section 27A of the Paddy Act was completely
unwarranted. Despite the above, orders were passed on the
application submitted by the petitioner on 23.03.2023 as seen from
Ext.P11, directing payment of Rs.2,80,500/-Rupees Two Lakhs
Eighty Thousand and Five Hundred only) as seen from Ext.P10
demand. Petitioner submits that he had erroneously made the said
payment though there was no liability at all for the aforesaid
reasons, which is evident from Ext.P11 itself.
6. The prayers in the writ petition are to quash the
demand in Ext.P10 and also to direct the respondents to change the
description of the land and in the revenue records. As noticed
above, the demand made in Ext.P10 was completely unnecessary.
That apart, going by the judgment of this Court in Sealand Builders
Pvt. Ltd. (M/s.) held that Rule 12(17) of the Kerala Conservation of
Paddy Land and Wetland Act, 2008, based on which the additional
amount was levied, was found to be ultra vires and unenforceable.
For both these reasons, the demand Rs.2,80,500/-Rupees Two
Lakhs Eighty Thousand and Five Hundred only), made in Ext.P10 is
quashed.
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7. Consequently, there will be direction to the
respondents to repay the amount demanded and collected through
Ext.P10 as seen from Ext.P11, within five months from the date of
receipt of a copy of this judgment. As far as the request on the
prayer of the petitioner to change the description of the land in
the revenue records, it will be open to the petitioner to make an
appropriate application under Section 27C of the Paddy Act and
Rules.
8. In view of Ext.P11 order being passed allowing
the application filed by the petitioner under Form 7 of the Paddy
Act and Rules, there will be a direction to the 2nd respondent to
make corresponding changes in the description of the land in the
revenue records in the light of the Ext.P11 order.
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
2024:KER:79097
APPENDIX OF WP(C) 22404/2023
PETITIONER EXHIBITS
TRUE COPY OF THE DEATH CERTIFICATE
DATED 27.01.2023 OF THE WIFE OF THE
PETITIONER ISSUED BY THE SUB REGISTRAR
Exhibit P1
OF BIRTHS AND DEATH, PERINTHALMANNA
MUNICIPALITY, PERINTHALMANNA
TRUE COPY OF THE FAMILY MEMBERSHIP
CERTIFICATE DATED 14.06.2023 ISSUED BY
Exhibit P2
THE VILLAGE OFFICER, PERINTHALMANNA
TRUE COPY OF THE BASIC TAX RECEIPT
DATED 12.06.2023 ISSUED BY THE VILLAGE
Exhibit P3
OFFICE, PERINTHALMANNA
TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 28.02.2022 ISSUED BY THE VILLAGE
Exhibit P3 (a)
OFFICER, PERINTHALMANNA
TRUE COPY OF THE ORDER NO.
K.DIS.9493/81(G) DATED 23.09.1981
Exhibit P4 PASSED BY THE ASSISTANT COLLECTOR,
PERINTHALMANNA I
TRUE COPY OF THE APPLICATION DATED
15.02.2022 SUBMITTED BY THE
Exhibit P5 PETITIONER'S WIFE BEFORE THE FIRST
RESPONDENT
TRUE COPY OF THE APPLICATION DATED
16.3.2022 SUBMITTED BY THE PETITIONER'S
Exhibit P6
WIFE BEFORE THE SECOND RESPONDENT
TRUE COPY OF LETTER DATED 27.04.2022
Exhibit P7 FROM THE SECOND RESPONDENT IS
Exhibit P8 TRUE COPY OF THE LETTER DATED
18.10.2022 BY THE FIRST RESPONDENT
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TRUE COPY OF THE APPLICATION DATED
26.04.2022 IN FORM NO.7 UNDER THE
Exhibit P9 KERALA CONSERVATION OF PADDY LAND AND
WETLAND ACT, 2008
TRUE COPY OF THE ORDER DATED 20/03/2023
Exhibit P 10 PASSED BY THE FIRST RESPONDENT
TRUE COPY OF THE ORDER DATED 23.03.2023
Exhibit P 11 PASSED BY THE FIRST RESPONDENT
