High Court of KeralaDivision Bench2024-03-26Writ petition disposed of.

Aynikkal Plantations Pvt. Ltd. v. State of Kerala and others

Case / Petition Number:WP(C) No.6593 of 2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Muhamed Mustaque
Shoba Annamma Eapen
Judgment Date: 2024-03-26
Court Decision / Holding: Writ petition disposed of in terms: The District Collector, Idukki, is directed to consider the petitioner's request for an NOC, specifying the permissible plinth area for construction. The court held that the cardamom plantation status must be retained, and any construction should be limited to maintenance-related structures necessary for the plantation; resumption can occur only for violation of land-use restrictions.
Final Disposition: Writ petition disposed of.

Parties to the Case

Appellants / Petitioners

Aynikkal Plantations Pvt. Ltd.

Respondents

State of Kerala
District Collector, Idukki
Revenue Divisional Officer, Devikulam
Tahsildar, Devikulam
Village Officer, Anaviritti Village Office, Kallar
Pallivasal Grama Panchayath (represented by its Secretary)

Legal Representation & Advocates

Counsels for Petitioners

• K. I. Mayankutty Mather
• T. K. Sreekala
• Athira Prasad

Counsels for Respondents

• Joyce George
• Jaffer Khan (Sr. GP)

Case Synopsis & Summary

The petitioner, Aynikkal Plantations Pvt. Ltd., seeks a no-objection certificate to reconstruct a small residential building on land classified as cardamom plantation in Re.Sy. No.235/1-1 (Old No.343/1) of Anaviratti Village, Idukki. The Tahsildar, Devikulam, rejected the request following a direction from this Court, relying on Rule 34 of the Cardamom Rules, 1935. Those rules were repealed by Section 9 of the Travancore-Cochin Government Land Assignment Act, 1950, raising the central issue of which law governs construction on land allotted under the repealed rules. The learned Special Government Pleader contends that Section 8 of Kerala Government Land Assignment Act, 1960 continues to operate for lands assigned under repealed rules, preserving the assignment terms. The court also notes the rigour imposed by Kerala Land Utilisation Order, 1967 (KLUO): Clause 2(b) includes cardamom as a food crop, and Clause 6 requires written permission by the Collector for cultivation or other uses of the land. In support, the Division Bench’s reference to Raphy John v. Land Revenue Commissioner [2022 KHC 3494] is cited, clarifying that land assigned for a specific purpose cannot be diverted to other uses. The Court holds that the cardamom plantation status must be retained, with the District Collector empowered to grant an NOC, specifying the permissible plinth area for construction, while permitting maintenance-related structures. The petition is disposed of accordingly.

Provisions of Law Cited

Cardamom Rules, 1935 (Rule 34)Travancore-Cochin Government Land Assignment Act, 1950, Section 9Kerala Government Land Assignment Act, 1960, Section 8Kerala Land Utilisation Order, 1967, Clause 2(b)Kerala Land Utilisation Order, 1967, Clause 6

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the land, though a cardamom plantation, should permit construction of a small residential building necessary for maintenance and operation of the plantation. While Cardamom Rules 1935 were repealed, the petitioner argues that Section 8 of the Kerala Government Land Assignment Act, 1960 preserves the assignment terms for land assigned under earlier rules, and that KLUO provisions restricting land use must be read in the light of that continuity. The District Collector should be empowered to grant an NOC with a defined plinth area.

Contentions of Respondents

The respondents argue that Cardamom Rules 1935 have been repealed; however, Section 8 of the 1960 Act continues to operate for land assigned under those repealed rules. They emphasize KLUO restrictions—cardamom being a food crop under Clause 2(b)—and Clause 6 requiring written permission for any utilisation of the land. They contend that while the land may retain its cardamom plantation character, any construction must satisfy statutory restrictions and be permitted through proper NOC procedures, ensuring land is not diverted from its designated purpose.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Raphy John and Other v. Land Revenue Commissioner	[2022 KHC 3494]	Positive	Cited to establish that land assigned for a specific purpose cannot be diverted to other uses, reinforcing the patta’s objectives.
W.A No.2436 of 2016	W.A No.2436 of 2016	Mentioned Only	Mentioned in the judgment to reflect related precedents but not directly controlling the current facts.
W.P.(C) No.31275/2023	W.P.(C) No.31275/2023	Mentioned Only	Judgment referenced via exhibits, without substantive reliance described in the text.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **C.R.** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 26[TH] DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 WP(C) NO. 6593 OF 2024** ## **PETITIONER:** **AYNIKKAL PLANTATIONS PVT. LTD, BUILDING NO.121, KUZHOOR PANCHAYATH, KUNDOOR P.O, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR, - STANLY A. ANTONY, PIN – 680 734** **BY ADVS.** **K.I.MAYANKUTTY MATHER T.K.SREEKALA ATHIRA PRASAD** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DIVISION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001** - **2 DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR IDUKKI, CIVIL STATION P.O, KYILIMALA, IDUKKI, PIN – 685 602** - **3 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, DEVIKULAM P.O., IDUKKI, PIN – 685 613** - **4 TAHASILDAR, DEVIKULAM TALUK OFFICE, DEVIKULAM P.O, IDUKKI, PIN – 685 613** - **5 THE VILLAGE OFFICER, ANAVIRATTI VILLAGE OFFICE, KALLAR P.O, VATTIYAR, IDUKKI, PIN – 685 561** - **6 PALLIVASAL GRAMA PANCHAYATH, REPRESENTED BY ITS** ## **W.P.(C)No.6593 of 2024** **==> picture [22 x 8] intentionally omitted <==** **SECRETARY, MUNNAR P.O, IDUKKI, PIN – 685 561** **BY ADV JOICE GEORGE** **SRI.JAFFER KHAN SR GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.03.2024, THE COURT ON 26.03.2024 DELIVERED THE FOLLOWING:** **W.P.(C)No.6593 of 2024** **..3..** ## **C.R** ## **A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.** **---------------------------------------------------------W.P.(C) No.6593 of 2024** **----------------------------------------------------------Dated this the 26[th] day of March, 2024** ## **J U D G M E N T** ## **A. Muhamed Mustaque, J.** The petitioner claims ownership of the property comprised in Re.Sy. No.235/1-1(Old No.343/1) of Anaviratti Village, Idukki. There is a small building in the property. It is a cardamom land. The petitioner wants to reconstruct the building. The proposed construction is having a total plinth area of 2915.63 Sq. Mts. It is proposed as a residential building. The Tahsildar, Devikulam considered the request for NOC in the light of the direction issued by this Court and rejected the same. 2. As seen from the impugned order, the Tahsildar **..4..** ## **W.P.(C)No.6593 of 2024** placed reliance on Rule 34 of Cardamom Rules, 1935. However, these Rules have been repealed by virtue of Section 9 of the Travancore Cochin Government Land Assignment Act, 1950. The question to be decided is the law applicable for construction in the cardamom land. The learned Special Government Pleader submits that Section 8 of Kerala Government Land Assignment Act, 1960 would continue to operate to govern any land which was assigned under the repealed rules. Section 8 reads thus: _**“Assignment to take effect with restrictions, conditions, etc. according to their tenor. - All the provisions, restrictions, conditions and limitations contained in any Pattah or other document evidencing the assignment of Government land or of any interest therein shall be valid and take effect according to their tenor, notwithstanding any law for the time being in force or any custom or contract to the contrary.”**_ 3. We also note that a rigour has been imposed under Kerala Land Utilisation Order 1967 (for short “KLUO”). Clause 2b of KLUO defines food crops, which includes cardamom. Clause 6 of KLUO says that no holder of the land shall utilise such land for the cultivation of any food crop or any other purpose except under the written permission given by the Collector. **..5..** ## **W.P.(C)No.6593 of 2024** 4. A Division Bench of this Court W.A No.2436 of 2016 approved the judgment in _**Raphy John and Other v. Land Revenue Commissioner [2022 KHC 3494]**_ and held that a land given for specific purpose cannot be utilised for other purpose defeating the objectives of patta. There is no dispute to the fact that the land in question is a cardamom land. We find that rigour under Section 8 would continue to operate notwithstanding repeal of Cardamom Rules. The land given for cultivation of cardamom under the Cardamom Rules can only be utilised for the purpose of cultivating cardamom. The rigour of Clause 6 of KLUO also would apply in respect of utilisation of land. 5. In the light of above, we are of the view that cardamom plantation will have to be retained as cardamom plantation. Any violation would entail in resumption of the land by the Government. However, nothing prevents the District Collector from permitting the construction of any building which may be required for maintaining the cardamom plantation. We also note that there was small building in the land held by the petitioner. Therefore, we **..6..** ## **W.P.(C)No.6593 of 2024** direct the District Collector, Idukki to consider the request for NOC. While considering the NOC, the District Collector shall specify the plinth area for construction. The writ petition is disposed of as above. **Sd/-** **A.MUHAMED MUSTAQUE, JUDGE** **Sd/-** **SHOBA ANNAMMA EAPEN JUDGE** ## **PR** ## **W.P.(C)No.6593 of 2024** **..7..** ## **APPENDIX OF WP(C) 6593/2024** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE SALE DEED NO.3597/2005 DATED 18.11.2005 OF DEVIKULAM SUB REGISTRY** **Exhibit P1(a) TRUE COPY OF THE RECTIFICATION DEED NO.2399/2010 DATED 23.09.2010 OF DEVIKULAM SUB REGISTRY OFFICE** **Exhibit P1(b) TRUE COPY OF THE LATEST LAND TAX RECEIPT IN RESPECT OF THE PROPERTY 1 HECTARE 70.29 ARES DATED 13.05.2025** **Exhibit P1(c) TRUE COPY OF THE BUILDING OWNERSHIP CERTIFICATE ISSUED BY PALLIVASAL GRAMA PANCHAYATH IN RESPECT OF THE PETITIONER BUILDING DATED 13.01.2023 Exhibit P2 TRUE COPY OF THE STOP MEMO SERVED BY THE 5TH RESPONDENT TO THE MANAGING DIRECTOR OF THE PETITIONER - COMPANY DATED 13.03.2023 Exhibit P3 TRUE COPY OF THE REPORT DATED 13.3.2023 DRAWN BY THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 27.06.2023 IN WP(C) NO. 1801/2010 OF THIS HON'BLE COURT. Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT DATED 6.3.2023 Exhibit P6 TRUE COPY OF THE DRAWING DISCLOSING THE RENOVATION OF THE BUILDING TO A TWO STORIED ONE SUBMITTED TO THE 4TH RESPONDENT** **..8..** ## **W.P.(C)No.6593 of 2024** **Exhibit P7 TRUE COPY OF THE REPORT DATED 26.5.2023 DRAWN BY THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT 26.09.2023 IN W.P.(C) NO.31275/2023 Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DATED 09.11.2023 Exhibit P10 TRUE COPY OF THE PROCEEDINGS OF THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT DATED 19.11.2019 Exhibit P11 TRUE COPY OF DOCUMENT NO. 1282/1971 DATED 14.09.1971 OF DEVIKULAM SRO Exhibit P12 TRUE COPY OF THE STOP MEMO DATED 05.02.2024 ISSUED BY THE 5TH RESPONDENT. Exhibit P13 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.25721/2021 OF THIS HON'BLE COURT DATED 24.01.2022 RESPONDENT EXHIBITS EXHIBIT R4(a) True copy of the relevant pages of the Basic Tax Register pertaining to the property comprised in Re-survey No.235 EXHIBIT R4(b) Copy of the relevant pages of the Assignment Register pertaining to the land comprised in old Survey No.343 EXHIBIT R4(c) Copy of the photographs pertaining to the construction effected by the petitioner** ## **PETITIONER EXHIBITS** ## **W.P.(C)No.6593 of 2024** **..9..** |**Ext.P14**|**True copy of Doc. No. 107/1995 dated**| |---|---| ||**16.1.1995 of Devikulam SRO**| |**Ext.P15**|**True copy of the property tax receipt**| ||**for the period - 2022-2023 dated**| ||**13.1.2023**|