Kerala High Court
Hima Dani vs The Revenue Divisional Officer on 3 September, 2024
Author: A. Muhamed Mustaque
Bench: A. Muhamed Mustaque
2024:KER:67112
WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1320 OF 2023
AGAINST THE JUDGMENT DATED 30.06.2023 IN WP(C)
NO.11341 OF 2022 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 JOSCO JEWELLERS (P) LIMITED, XIII
RAJIV GADHI MUNICIPAL SHOPPING COMPLEX, CENTRAL
JUNCTION, KOTTAYAM, PIN-686 001
REPRESENTED BY ITS MANAGING DIRECTOR, P.A.JOSE,
S/O.ANTONY, AGED 73 YEARS, PAYAPALLY HOUSE,
PUTHANANGADI, THIRUVATHUKKAL (PO),KOTTAYAM, PIN -
686 003
2 P.A.JOSE, S/O.ANTONY, AGED 73 YEARS, PAYAPALLY
HOUSE, PUTHANANGADI, THIRUVATHUKKAL (PO),
KOTTAYAM, PIN - 686 003
BY ADVS.
BINOY VASUDEVAN
S.SREEKUMAR (SR.)(S-571)
RESPONDENTSRESPONDENTS:
1 THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER
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2
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT
KOCHI, PIN - 682 001
2 THE TAHSILDAR (LAND RECORDS), TALUK OFFICE, PARK
AVENUE, ERNAKULAM, PIN - 682 018
3 THE VILLAGE OFFICER, VILLAGE OFFICE, KAKKANAD
(PO), ERNAKULAM, PIN - 682 020
4 THE STATION HOUSE OFFICER, INFO PARK POLICE
STATION, CHITTETHUKARA (PO), KAKKANAD, ERNAKULAM,
PIN - 682 020
M.H. HANILKUMAR SPL GP REVENUE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
03.09.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:67112
WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1332 OF 2023
AGAINST THE JUDGMENT DATED 30.06.2023 IN WP(C)
NO.17555 OF 2022 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
P.A.JOSE, AGED 73 YEARS, S/O.ANTONY, PAYAPALLY
HOUSE, PUTHANANGADI, THIRUVATHUKKAL (PO),
KOTTAYAM, PIN - 686 003
BY ADV BINOY VASUDEVAN
RESPONDENTS/RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE
REVENUE DIVISIONAL OFFICER, FORT KOCHI, PIN - 682
001
2 THE TAHSILDAR (LAND RECORDS), TALUK OFFICE,
KANNAYANNUR TALUK ERNAKULAM, PIN - 682 018
3 THE LOCAL LEVEL MONITORING COMMITTEE FOR
THRIKKAKKARA MUNICIPALITY, REPRESENTED BY ITS
CONVENER, THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKKARA, ERNAKULAM DISTRICT,, PIN - 682 021
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WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
4
4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKKARA, ERNAKULAM DISTRICT, PIN - 682 021
5 THE VILLAGE OFFICER, KAKKANAD VILLAGE, KAKKANAD
(PO), ERNAKULAM, PIN - 682 030
M.H. HANILKUMAR SPL GP REVENUE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
03.09.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:67112
WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1333 OF 2023
AGAINST THE JUDGMENT DATED 30.06.2023 IN WP(C)
NO.17393 OF 2022 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
M/S.JOSCO JEWELLERS (P) LIMITED, AGED 73 YEARS
RAJIV GADHI MUNICIPAL SHOPPING COMPLEX, CENTRAL
JUNCTION, KOTTAYAM, PIN-686 001 REPRESENTED BY ITS
MANAGING DIRECTOR, P.A.JOSE, S/O.ANTONY, AGED 73
YEARS, PAYAPALLY HOUSE, PUTHANANGADI,
THIRUVATHUKKAL (PO),KOTTAYAM, PIN - 686 003
BY ADV BINOY VASUDEVAN
RESPONDENTS/RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO,
FORT KOCHI, PIN - 682 001
2 THE TAHSILDAR (LAND RECORDS), TALUK OFFICE,
KANNAYANNUR TALUK ERNAKULAM, PIN - 682 018
3 THE LOCAL LEVEL MONITORING COMMITTEE FOR
THRIKKAKKARA MUNICIPALITY, REPRESENTED BY ITS
CONVENER, THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
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THRIKKAKKARA ERNAKULAM DISTRICT, PIN - 682 021
4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKKARA, ERNAKULAM DISTRICT, PIN - 682 021
5 THE VILLAGE OFFICER, KAKKANAD VILLAGE, KAKKANAD
(PO), ERNAKULAM, PIN - 682 030
M.H. HANILKUMAR SPL GP REVENUE
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
03.09.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:67112
WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1334 OF 2023
AGAINST THE JUDGMENT DATED 30.06.2023 IN WP(C)
NO.17422 OF 2022 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
M/S.JOS GOLD TRADERS AND JEWELLERS (P) LIMITED,
AGED 72 YEARS, 19/XII, KALARIKKAL BAZAR,
THIRUNNAKKARA, KOTTAYAM PIN-686 001 REPRESENTED BY
ITS MANAGING DIRECTOR, P.A.JOSE, S/O. ANTONY, AGED
72 YEARS, PAYAPALLY HOUSE, PUTHANANGADI,
THIRUVATHUKKAL (PO), KOTTAYAM, PIN - 686 003
BY ADVS.
BINOY VASUDEVAN
S.SREEKUMAR (SR.)(S-571)
RESPONDENTS/RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO,
FORT KOCHI, PIN - 682 001
2 THE TAHSILDAR (LAND RECORDS), TALUK OFFICE,
KANNAYANNUR TALUK ERNAKULAM, PIN - 682 018
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WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
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3 THE LOCAL LEVEL MONITORING COMMITTEE FOR
THRIKKAKKARA MUNICIPALITY REPRESENTED BY ITS
CONVENER, THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKKARA, ERNAKULAM DISTRICT, PIN - 682 021
4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKKARA, ERNAKULAM DISTRICT, PIN - 682 021
5 THE VILLAGE OFFICER, KAKKANAD VILLAGE, KAKKANAD
(PO), ERNAKULAM, PIN - 682 030
M.H. HANILKUMAR SPL GP REVENUE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
03.09.2024, ALONG CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:67112
WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1337 OF 2023
AGAINST THE JUDGMENT DATED 30.06.2023 IN WP(C)
NO.17903 OF 2022 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
HIMA DANI, AGED 39 YEARS, W/O. DANI THOMAS,
ALAPPATT PALATHINGAL PERINGAVU (PO), THRISSUR, PIN
- 680 020
BY ADV BINOY VASUDEVAN
RESPONDENTS/RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE
REVENUE DIVISIONAL OFFICER, FORT KOCHI,, PIN - 682
001
2 THE TAHSILDAR, (LAND RECORDS), TALUK OFFICE,
KANNAYANNUR TALUK ERNAKULAM, PIN - 682 018
3 THE LOCAL LEVEL MONITORING COMMITTEE FOR
THRIKKAKKARA MUNICIPALITY, REPRESENTED BY ITS
CONVENER, THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKKARA, ERNAKULAM DISTRICT, PIN - 682 021
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4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKKARA, ERNAKULAM DISTRICT, PIN - 682 021
5 THE VILLAGE OFFICER, KAKKANAD VILLAGE, KAKKANAD
(PO), ERNAKULAM, PIN - 682 030
M.H. HANILKUMAR SPL GP REVENUE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
03.09.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:67112
WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
11
JUDGMENT
[WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023,
1337/2023]
A. Muhamed Mustaque, Acg.C.J.
The short point that arises for consideration in these
batch of appeals is as to the competency of the Local Level
Monitoring Committee (for short "LLMC") to include a land in the
data bank as paddy land after having passed an order by the
Revenue Divisional Officer that the land is not a paddy land and
permission can be granted to utilise the land for other purposes
and also acting on that order, this Court gave direction to
reassess the land tax under the Kerala Land Tax Act. We may not
have any dispute as to the competency of the LLMC to include or
exclude any land to the data bank at any point of time. But
propriety of such action can be called in question, only if such an
action would overreach the judgment of this Court, which is
equally binding on revenue and the Government as well.
2. The brief facts involved in these case are as
2024:KER:67112
WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
follows:
3. The appellant approached the Revenue Divisional
Officer, Fort kochi with an application under Clause 6(2) of the
Kerala Land Utilisation Order for the purpose of utilising the land
for construction and other developmental activities. The Revenue
Divisional Officer on 10.02.2011 passed a very reasoned order,
which reads as follows:
"In view of the various decisions of the Hon.
High Court of Kerala and on the basis the
reports of the statutory authorities mentioned
above I convinced that the applied land is not a
paddy land as defined in Section 2 (xii) of the
Kerala Conservation of Paddy Land and Wetland
Act (act 28 of 2008). Hence permission is
granted under clause 6(2) of KLU Order 1967
for constructional and developmental activities
in the extending to 20.20 Ares, 16.00 Ares,
11.33 Ares, 22.40 Ares, 14.58 Ares, 10.80 Ares,
5.00 Ares, 11.15 Ares, 24.60 Ares, 18.40 Ares,
14.75 Ares, 16.80 Ares, and 21.10 Ares in Block
No.7, comprising in Sy. No.373/10, 399/5,
373/3, 373/9, 372/1, 372/2, 372/3, 375/6,
373/11, 373/2, 373/4, 373/1 and 349/14
respectively in Kakkanad Village subject to the
provisions of Kerala Municipal Building Rules,
1999. the direction contained in the judgment
dated 24.11.2010 in W.P. (C) No.35255/2010
(F) is complied with accordingly."
4. Thereafter, the appellants approached this Court
in the year 2020 in W.P. (C) No.10599 of 2020. This writ petition
was filed to effect changes in the Basic Tax Register consequent
upon the order passed by the Revenue Divisional Officer invoking
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WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
the provisions of the Kerala Land Utilisation Order. A detailed
order of this Court would show that the land has been treated as
Purayidam (Converted land) and this Court ordered to effect
changes in the Land Tax Assessment Register in the light of the
order passed by the Revenue Divisional Officer. It is specifically
noted that this Court ordered the Revenue Divisional Officer to
pass an order under Section 6A of the Kerala Land Tax Act
showing the nature of the land as garden land/Purayidam in stead
of earlier Basic Tax Register entry as Nilam/paddy land. The
Tahsildar and Village officer were parties to the proceedings.
Nobody had a case at that time that this land has to be treated as
a paddy land even though the revenue officials were party to
those proceedings.
5. After the above judgment, the revenue officials
carried out changes in the Land Tax and reassessed the land as
purayidam.
6. On 03.02.2021, the Local Level Monitoring
Committee included the land in the data bank showing it as a
paddy land. It is to be noted that the Local Level Monitoring
Committee includes Village Officer, Agricultural Officer etc. As we
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WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
already noted, we do not have any dispute regarding the power of
the LLMC to include a land as paddy land or wet land in the data
bank at any point of time. The present problem in this case is
that the Revenue Divisional Officer in categorical terms declared
that this land cannot be treated as a paddy land. There are two
issues in this case. One is that, the LLMC is acted as an appellate
authority of the Revenue Divisional Officer and the other one is,
the order of the LLMC would overreach the declaration and
direction given in the judgment of this Court in W.P. (C) No.10599
of 2020.
7. It is to be noted under the Kerala Conservation
of Paddy Land and Wetland Act, 2008, there are two tire systems.
In the first level, the LLMC is the competent authority to decide
whether a land can be included in the data bank as paddy land or
wet land. The aggrieved can approach the Revenue Divisional
Officer to exclude such land from the data bank. The Revenue
Divisional Officer, in those occasions, exercises the power of an
appellate authority though it is not specifically stated in the Kerala
Conservation of Paddy Land and Wetland Act, 2008 or Rules as an
appeal provision. Anyway, the Revenue Divisional Officer is the
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WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
higher authority to act on the decision of the LLMC. If we
examine the issue in that background, we are certain that LLMC is
incompetent to take a decision to include a land in the data bank
as a paddy land after the order passed by the Revenue Divisional
Officer holding that it cannot be treated as a paddy land. Further
we note that this Court ordered the revenue officials to treat this
land as a garden land for all practical purposes. If the LLMC's
decision is allowed to be sustained that would also overreach the
directions of this Court. Without reviewing or reopening the
judgment of this Court, such action could not have been
exercised. On both grounds, we are of the view that the decision
of the LLMC to include the land as paddy land in the data bank is
legally unsustainable. All consequential proceedings will have to
be set aside. The learned Single Judge in this matter directed the
Revenue Divisional Officer to reconsider the matter whether the
land can be included as a paddy land in the data bank or not.
According to us, it is legally unsustainable inasmuch as the
Revenue Divisional Officer though in a different capacity had
already declared that the land cannot be treated as a paddy land
and without revisiting the order under the Kerala Land Utilisation
2024:KER:67112
WA Nos.1320/2023, 1332/2023, 1333/2023, 1334/2023, 1337/2023
Order, this cannot be done. Thus, we allow these appeals and all
the impugned proceedings in the writ petitions stand quashed and
set aside.
Sd/-
A.MUHAMED MUSTAQUE
ACTING CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
PR
