High Court of KeralaSingle JudgeWrit petitions disposed of with directions to t...

Abdul Azeez v. Revenue Divisional Officer, Muvattupuzha & Others

Case / Petition Number:WP(C).No. 41523 of 2016 (M)
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Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.B.SURESH KUMAR
Judgment Date
2017-11-23
Court Decision / Holding
The writ petitions are disposed by directing the competent authority under the Kerala Land Utilization Order to verify, by calling for reports from Local Level Monitoring Committee conveners, that the properties involved were converted prior to the Act and are not liable to Data Banks. Conveners and Village Officers shall inspect with notice to petitioners; reports are to be collected within a week and forwarded within one month. If reports are favorable, orders under Clause 6 of the Kerala Land Utilization Order shall be passed within one month, granting building permits or numbers if entitled. If petitioners seek fresh assessment under the Kerala Land Tax Act, such assessments shall be considered in light of Kizhakkambalam within one month. These directions extend to connected cases (WP(C) Nos. 41275 of 2016 and related matters).
Final Disposition
Writ petitions disposed of with directions to the competent authority under the Kerala Land Utilization Order to verify pre-Act conversions, call for reports from Local Level Monitoring Committee conveners, inspect with notice to petitioners, and pass orders under Clause 6 if reports are favorable within prescribed timeframes. Petitioners may receive building permits or numbers if entitled, and may pursue fresh assessment under the Kerala Land Tax Act where appropriate, in light of cited authorities; connected cases are also disposed accordingly.

Parties to the Case

Appellants / Petitioners

  • ABDUL AZEEZ, S/O. AVARAN, AGED 44 YEARS, ULLAIMUNDETH, SOUTH VAZHAKULAM P.O, VAZHAKULAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

Respondents

  • THE REVENUE DIVISIONAL OFFICER (R.D.O), MUVATTUPUZHA, ERNAKULAM DISTRICT -682 101.
  • THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT- 682 030.
  • THE LOCAL LEVEL MONITORING COMMITTEE, NELLIKUZHY GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, NELLIKUZHY, ERNAKULAM DISTRICT -683 510.
  • THE DISTRICT LEVEL AUTHORIZED COMMITTEE, ERNAKULAM DISTRICT, REPRESENTED BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER (RDO), MUVATTUPUZHA, ERNAKULAM DISTRICT- 682 101.
  • THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT , INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
  • THE VILLAGE OFFICER, ERAMALLOOR VILLAGE, ERNAKULAM DISTRICT -683 510.
  • THE DISTRICT GEOLOGIST, ERNAKULAM DISTRICT- 683 510.

Legal Representation & Advocates

Counsels for Petitioners

  • • SRI.P.M.ZIRAJ

Counsels for Respondents

  • • SRI.K.J. MANURAJ

Case Synopsis & Summary

The writ petitions challenge actions under the Kerala Conservation of Paddy Land and Wetland Act, 2008 and allied Data Bank data entries. Abdul Azeez contends that his lands, though originally paddy fields, were converted to garden land before the Act’s enactment and are recorded in revenue records as paddy land, resulting in obstruction to construction and regularization of buildings. He and others seek permission under the Kerala Land Utilization Order, 1967 to use their lands for other purposes, including construction, and seek corrections in the Data Banks. The Government Pleader contends there are errors in the Data Banks and that the 2017 amendments empower Local Level Monitoring Committees to correct such entries; before granting any permission it must be ensured that properties are not liable to Data Bank inclusion. The court notes that if properties were converted prior to the Act, the Act would not apply, citing Revenue Divisional Officer v. Jalaja Dileep, and endorses the view in Puthan Purakkal Joseph and Shivadasan on the scope of the competent authority under the Kerala Land Utilization Order. The petitions are disposed by directing the competent authority to obtain reports from Conveners of Local Level Monitoring Committees, inspect with notice to petitioners, and ascertain that properties are not in Data Banks. If reports are favorable, orders under Clause 6 of the KLO shall be issued within specified timeframes, permitting building permits or numbers where entitled, and allowing fresh assessment under the Kerala Land Tax Act when appropriate.

Provisions of Law Cited

Kerala Conservation of Paddy Land and Wetland Act, 2008Kerala Conservation of Paddy Land and Wetland (Amendment) Rules, 2017Kerala Land Utilization Order, 1967Clause 6 of the Kerala Land Utilization OrderKerala Land Tax Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that since their lands were converted prior to the Act and not liable to be included in the Data Banks, the Act’s restrictions should not bar their use for other purposes. They seek permission under Clause 6 of the Kerala Land Utilization Order, 1967 to use land for non-agricultural purposes, including construction, and for correction of revenue entries. They assert that erroneous Data Bank entries block building permits and request directions for expeditious consideration and for issuance of permits or numbers if entitled. They rely on Puthan Purakkal Joseph and Shivadasan to contest the scope of the competent authority under the KLO and to ensure recognition of pre-Act conversions through data corrections and permissions. They urge the Local Level Monitoring Committees to verify properties via notices and to obtain supporting documents such as title deeds. They request that if permission is granted, a fresh assessment under the Kerala Land Tax Act be undertaken.

Contentions of Respondents

The respondents contend there are mistakes in the Data Banks and that the 2017 amendments authorize Local Level Monitoring Committees to correct such entries. Before granting permission, it must be ensured that properties are not liable to Data Bank. If properties were converted prior to the Act, the Act would not apply and the competent authority under Clause 6 should grant permission after obtaining reports from the conveners, following due procedure. They emphasize that data-bank corrections must be properly verified and that the petitions should not circumvent the Data Bank process. They rely on previous precedents such as Puthan Purakkal Joseph, Shivadasan, and Kizhakkambalam to support procedural safeguards and timely decisions under the relevant orders.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Revenue Divisional Officer v. Jalaja Dileep2015(1) KLT 984PositiveCited to support the proposition that conversion prior to enactment excludes the Act's application.
Puthan Purakkal Joseph v. Sub Collector2015(3) KLT 182Mentioned OnlyCited for discussion on the scope of the competent authority’s powers under the Kerala Land Utilization Order, not directly applied.
Shivadasan v. Revenue Divisional Officer2017(3) KLT 822Mentioned OnlyCited to discuss scope of the competent authority under the KLO; not expressly treated as controlling outcome here.
Kizhakkambalam Grama Panchayat v. Mariumma2015(2) KLT 516Mentioned OnlyCited in context of assessments under the Kerala Land Tax Act and related procedures; not a direct binding outcome on the central issue.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 23RD DAY OF NOVEMBER 2017/2ND AGRAHAYANA, 1939** ## **WP(C).No. 41523 of 2016 (M)** **----------------------------** **PETITIONER(S): -----------------------** **ABDUL AZEEZ, S/O. AVARAN, AGED 44 YEARS, ULLAIMUNDETH, SOUTH VAZHAKULAM P.O, VAZHAKULAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.** ## **BY ADV. SRI.P.M.ZIRAJ.** - **RESPONDENT(S): -------------------------** **1. THE REVENUE DIVISIONAL OFFICER (R.D.O), MUVATTUPUZHA, ERNAKULAM DISTRICT -682 101.** **2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT- 682 030.** **3. THE LOCAL LEVEL MONITORING COMMITTEE, NELLIKUZHY GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, NELLIKUZHY, ERNAKULAM DISTRICT -683 510.** **4. THE DISTRICT LEVEL AUTHORIZED COMMITTEE, ERNAKULAM DISTRICT, REPRESENTED BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER (RDO), MUVATTUPUZHA, ERNAKULAM DISTRICT- 682 101.** **5. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT , INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.** ## **WP(C).No. 41523 of 2016 (M)** **6. THE VILLAGE OFFICER, ERAMALLOOR VILLAGE, ERNAKULAM DISTRICT -683 510.** **7. THE DISTRICT GEOLOGIST, ERNAKULAM DISTRICT- 683 510.** **BY GOVT. PLEADER SRI.K.J. MANURAJ.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2017, ALONG WITH WP(C). NO.41275 OF 2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** rs. ## **WP(C).No. 41523 of 2016 (M)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** **EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 01-06-2016 ISSUED BY THE SIXTH RESPONDENT.** - **EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER.** - **EXHIBIT P3 TRUE COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR, KOTHAMANGALAM BEFORE THE FIRST RESPONDENT DATED 10-03-2014.** - **EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY THE SIXTH RESPONDENT DATED 01-06-2016 BEFORE THE SECOND RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE TAHSILDAR, KOTHAMANGALAM TO THE SECOND RESPONDENT DATED 22-01-2016.** - **EXHIBIT P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECOND RESPONDENT TO THE TAHSILDR, KOTHAMANGALAM DATED 03-03-2016 BY CALL FOR THE CERTIFICATES REGARDING THE NATURE OF LAND.** - **EXHIBIT P7 TRUE COPY OF THE REPLY DATED 18-03-2016 ISSUED BY THE TAHSILDAR, KOTHAMANGALAM.** - **EXHIBIT P8 TRUE COPY OF THE CERTIFICATE DATED 07-03-2014 ISSUED BY THE FIRST RESPONDENT RECOMMENDING TO ISSUE QUARRYING PERMIT TO THE PETITIONER.** - **EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 27-10-2016 IN WPC NO. 30324/2016.** - **EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 02-12-2016 BEFORE THE FIRST RESPONDENT.** **RESPONDENT'S EXHIBITS:NIL.** ## **//TRUE COPY//** ## **P.S. TO JUDGE** rs. ## **P.B.SURESH KUMAR, J** **- - - - - - - - - - - - - - - - - - - - - - - - - - -** W.P.(c) Nos.41523 & 41275 of 2016 ## and W.P.(c) Nos.1687, 4865, 5999, 7757, 7941, 13665, 13692, 18195 & 18467 of 2017 **- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 23[rd] day of November, 2017 ## **JUDGMENT** The properties of the petitioners referred to in the writ petitions were though paddy fields originally, it is stated that the same have been converted as garden lands prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). The case of the petitioners in the writ petitions is that since their properties are described as paddy land in the revenue records, they are unable to make use of the same for other purposes including construction of buildings. It is alleged in some of the writ petitions that the applications preferred by the petitioners therein for building permits are not being considered for the W.P. (C) Nos.41523 of 2016 & Conn. Cases **-2-** aforesaid reason. In some other writ petitions, it is alleged that the buildings constructed by the petitioners therein are not being numbered on account of the said reason. The specific case of the petitioners is that their properties are not shown as paddy land in the Data Banks. The petitioners, therefore, preferred applications before the competent authority under the Kerala Land Utilization Order, 1967 seeking permission to use the properties for other purposes including construction of buildings. The applications preferred by the petitioners in this connection are part of the records. The petitioners seek directions in these writ petitions to the competent authority under the Kerala Land Utilisation Order to grant permission sought for by them to make use of the properties for other purposes. In some of the writ petitions, the petitioners seek orders for correction of the entry relating to their properties in the revenue records also. Some of the petitioners, among others, seek directions to the local authorities concerned to grant W.P. (C) Nos.41523 of 2016 & Conn. Cases **-3-** building permits applied for by them and some others seek directions to the local authorities concerned to assign numbers to the buildings constructed by them on the strength of the building permits issued to them. 2. Heard the learned counsel for the petitioners as also the learned Government Pleader. 3. The learned Government Pleader submits that there are mistakes in the draft and final Data Banks published under the Act and by virtue of the provisions contained in the Kerala Conservation of Paddy Land and Wetland (Amendment) Rules, 2017, the Local Level Monitoring Committees are authorised to carry out appropriate corrections in the Data Banks. According to the learned Government Pleader, before granting the permission sought for by the petitioners, it has to be ensured that the properties involved in these matters are not properties which are liable to be included in the Data Banks. 4. If the properties of the petitioners are W.P. (C) Nos.41523 of 2016 & Conn. Cases **-4-** converted prior to the Act, the provisions of the Act would not apply to the same, as held by the Apex Court in **Revenue Divisional Officer** v. **Jalaja Dileep** (2015(1) KLT 984). If the provisions of the Act would not apply to the properties of the petitioners, they are entitled to make use of the same for other purposes, after obtaining permission of the competent authority under Clause 6 of the Kerala Land Utilization Order [See **Puthan Purakkal Joseph** v. **Sub Collector** (2015(3) KLT 182)]. In **Puthan Purakkal Joseph** _(supra) and_ **Shivadasan v. Revenue Divisional Officer** (2017(3) KLT 822), this Court has dealt with the scope of the power of the competent authority under the Kerala Land Utilization Order in dealing with the applications for permission preferred for use of the properties for other purposes. In the circumstances, the writ petitions are disposed of directing the competent authority under the Kerala Land Utilization Order to satisfy by calling for reports W.P. (C) Nos.41523 of 2016 & Conn. Cases **-5-** from the Conveners of the Local Level Monitoring Committees concerned that the properties involved in these matters are converted prior to the coming into force of the Act and that the same are not liable to be included in the Data Bank. It is also directed that before forwarding the reports, the Conveners of the Local Level Monitoring Committees shall, along with the Village Officers concerned, inspect the property with notice to the petitioners to satisfy the claim of the petitioners that the properties are not liable to be included in the Data Bank. For the said purpose, the Conveners of the Local Level Monitoring Committees are free to call for the particulars of the properties from the petitioners including copies of the title deeds. The reports shall be called for by the competent authority under the Land Utilization Order from the Conveners of the Local Level Monitoring Committees within a week from the date of receipt of a copy of the judgment and the same shall be forwarded by the Conveners of the Local Level Monitoring **-6-** W.P. (C) Nos.41523 of 2016 & Conn. Cases Committees within one month thereafter. If favourable reports are received, the competent authority under the Kerala Land Utilisation Order shall pass orders on the applications preferred by the petitioners for permission to use their properties for other purposes in the light of the decisions of this Court in **Puthan Purakkal Joseph** _(supra)_ and **Shivadasan** _(supra_ ), within one month from the date of receipt of the reports. If the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, the petitioners shall be issued building permits or assigned building numbers, as the case may be, if they are otherwise entitled for the same, by the local authorities concerned. Needless to say that if the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, they will also be entitled to move the authorities under the Kerala Land Tax Act for fresh assessment of the lands as garden lands and if such requests are made by the petitioners, the same shall also be **-7-** W.P. (C) Nos.41523 of 2016 & Conn. Cases considered by the said authorities, in cases where they are parties to the writ petitions, in the light of **Kizhakkambalam Grama Panchayat v. Mariumma** (2015(2) KLT 516), within one month from the date of their respective requests. Sd/- **P.B.SURESH KUMAR JUDGE** bng