High Court of KeralaSingle Judge2020-01-13Writ petitions allowed; impugned orders set asi...

Brigade Hospitality Services Limited (formerly Brigade Hospitality Services Private Limited) and Brigade Hotel Ventures Limited v. State of Kerala and Others (WP(C).34699/2019(J); WP(C).34804/2019(A); WP(C).34811/2019(B))

Case / Petition Number:WP(C).34699/2019(J); WP(C).34804/2019(A); WP(C).34811/2019(B)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Amit Rawal
Judgment Date: 2020-01-13
Court Decision / Holding: The writ petitions are allowed. The impugned orders (Ext.P8/Ext.P8-like directions) are set aside to the extent that they direct compliance with Sections 27A to 27C of the amended Kerala Conservation of Paddy Land and Wet Land Act, 2008. The court held that the application under the KLU Order could not be subjected to the Paddy Act amendments.
Final Disposition: Writ petitions allowed; impugned orders set aside to the extent of requiring compliance with 27A-27C provisions of the amended Act 2008. The decision does not apply the Paddy Act amendments to KLU-order petitions under Clause 6(2).

Parties to the Case

Appellants / Petitioners

Brigade Hospitality Services Limited (formerly Brigade Hospitality Services Private Limited)
Brigade Hotel Ventures Limited

Respondents

State of Kerala represented by the Secretary to Government, Revenue Department, Government Secretariat, Thiruvananthapuram 695001
Revenue Divisional Officer, Pala, Kottayam 686575
Tahsildar, Vaikom Taluk, Vaikom Taluk, Kottayam District 686141

Legal Representation & Advocates

Counsels for Petitioners

• P. Gopinath (Sr.)
• M. GopiKrishnan Nambiar
• K. John Mathai
• Joson Manavalan
• Kuryan Thomas
• Paulose C. Abraham

Counsels for Respondents

• Manuraj K J

Case Synopsis & Summary

The three writ petitions challenge orders dated 15 February 2019 and 12 February 2019 permitting the use of land for non-agricultural purposes under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 as amended by Act 2019, and issued after applications under the Kerala Land Utilisation Order, 1967 (KLU Order). The petitioners (Brigade Hospitality Services Limited and Brigade Hotel Ventures Limited) submitted their land-use applications in June 2017; they contend that Section 27A of the Paddy Act, as amended in 2019, cannot be invoked against their KLU Order-based application, which predates the amendments (30 December 2017). They rely on the dictum in Sivadasan v. RDO (2017) 3 KLT 822 and on earlier directions in W.P. No.30057/2017 to which the matter was remitted by the Revenue Divisional Officer (RDO) after considering Puthan Purakkal Joseph v. Sub Collector (2015) 3 KLT 182. The respondents contend that Ext.P8 conforms to Clause 6(2) of the KLU Order and Section 27A of the amended Act. The court ultimately holds that the 27A amendments cannot be applied to a KLU-order petition and that the impugned orders are unsustainable to the extent they impose 27A/27C like conditions, allowing the petitions. The writs are allowed with the specified set-aside.

Provisions of Law Cited

Kerala Conservation of Paddy Land and Wet Land Act, 2008 (as amended by Act 2019): sections 27A, 27A(3), 27CKerala Land Utilisation Order, 1967: Clause 6(2)Paddy ActSection 27A of the Paddy Act (as amended)Section 27C of the Amended ActClause 6(2) of the KLU OrderSection 227A of Act 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the land-use permission sought in June 2017 falls before the amendments to the Paddy Act (27A) came into force on 30.12.2017. Relying on Sivadasan v. RDO (2017) 3 KLT 822, the court’s earlier approach in W.P.(C)30057/2017 was based on that dictum. The RDO’s remand per Puthan Purakkal Joseph v. Sub Collector (2015) 3 KLT 182, followed by Ext.P8 granting permission with conditions under 27A and 27C, is unsustainable, as the amendment cannot be applied to a petition under the KLU Order (Clause 6(2)). The petitioners seek to strike down the imposed conditions to the extent they rely on amended provisions.

Contentions of Respondents

The Government Pleader contended that Ext.P8 adheres to Clause 6(2) of the KLU Order and Section 27A of Act 2008; the amendments are applicable and the decision to permit subject to conditions is lawful.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
Sivadasan v. Revenue Divisional Officer	2017 (3) KLT 822	Distinguished	Earlier reliance on Sivadasan is not followed in light of Salim; the present judgment distinguishes Sivadasan to apply Salim’s guiding principle.
Salim v. State of Kerala	2019 (3) KLT 604	Positive	Court follows Salim to hold that amendments to the Paddy Act cannot apply to KLU-order petitions under Clause 6(2).
Puthan Purakkal Joseph v. Sub Collector	2015 (3) KLT 182	Mentioned Only	Cited as basis for remand in earlier proceedings; not controlling for the final statutory interpretation in this judgment.
Geo Peter v. Revenue Divisional Officer	2019 (3) KLT 838	Mentioned Only	Cited by counsel as conflicting with the order; not adopted as the controlling rule in the decision.

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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 AMIT RAWAL** **MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941** ## **WP(C).No.34699 OF 2019(J)** ## **PETITIONER/S:** **BRIGADE HOSPITALITY SERVICES LIMITED (FORMERLY KNOWN AS BRIGADE HOSPITALITY SERVICES PRIVATE LIMTIED, 29TH AND 30TH FLOORS, WORLD TRADE CENTER BRIDGE GATEWAY CAMPUS, 26/1 DR. RAJKUMAR ROAD, MALLESWARAM, RAJAJI NAGAR, BANGALORE 560 055, HAIVING BRANCH OFFICE AT WORLD TRADE CENTRE, INFOPARK SEZ KUSUMAGIRI P.O. KAKKANAD, KOCHI 30, REPRESENT BY ITS EXECUTIVE DIRECTOR/AUTHORISED SIGNATORY MR. VINEET VERMA.** **BY ADVS. SRI.P.GOPINATH (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **2 REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM 686 575.** - **3 TAHSILDAR, TALUK OFFICE, VAIKOM TALUK, KOTTAYAM DISTRICT 686 141.** ## **GOVERNMENT PLEADER SRI. MANURAJ K J** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2020, ALONG WITH WP(C).34804/2019(A), WP(C).34811/2019(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941** ## **WP(C).No.34804 OF 2019(A)** ## **PETITIONER/S:** **BRIGADE HOTEL VENTURES LIMITED 29TH AND 30TH FLOORS, WORLD TRADE CENTRE, BRIGADE GATEWAY CAMPUS-26/1, DR. RAJKUMAR ROAD, MALLESWARAM, RAJAJI NAGAR, BANGALORE-560055 HAVING BRANCH OFFICE, AT WORLD TRADE CENTRE, INFOPARK SEZ KUSUMAGIRI PO, KAKKANAD, KOCHI-30, REPRESENTED BY ITS AUTHORISED SIGNATORY MS. GAYATHRI C SHEELAVANT.** **BY ADVS. SRI.P.GOPINATH (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM-686575. 3 TAHSILDAR, TALUK OFFICE, VAIKOM TALUK, KOTTAYAM DISTRICT-686141.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2020, ALONG WITH WP(C).34699/2019(J), WP(C).34811/2019(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941** ## **WP(C).No.34811 OF 2019(B)** ## **PETITIONER/S:** **BRIGADE HOSPITALITY SERVICES LIMITED (FORMERLY KNOWN AS BRIGADE HOSPITALITY SERVICES PRIVATE LIMITED), 29TH AND 30TH FLOORS, WORLD TRADE CENTRE, BRIGADE GATEWAY CAMPUS, 26/1, DR.RAJKUMAR ROAD, MALLESWARAM, RAJAJI NAGAR, BANGALORE-560 055, HAVING BRANCH OFFICE AT WORLD TRADE CENTRE, INFOPARK SEZ, KUSUMAGIRI P.O., KAKKANAD, KOCHI-30, REPRESENTED BY ITS EXECUTIVE DIRECTOR/AUTHORISED SIGNATORY MR.VINCENT VERMA.** **BY ADVS. SRI.P.GOPINATH (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **2 REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM-686 575.** **3 TAHSILDAR, TALUK OFFICE, VAIKOM TALUK, KOTTAYAM DISTRICT-686 141.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2020, ALONG WITH WP(C).34699/2019(J), WP(C).34804/2019(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.34811 of 2019(B) & conn.cases** **4** ## **JUDGMENT** ## **[ WP(C).34699/2019, WP(C).34804/2019, WP(C).34811/2019 ]** ## **Dated this the 13th day of January 2020** These writ petitions are filed by petitioners challenging order dated 15.2.2019 and 12.02.2019 (Ext.P8), granting permission to utilise the land for other purposes, subject to imposition of conditions by applying the provisions of Sections 27A and 27A (3)of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 as amended by Act 2019. The Petitioner had sought permission under the Kerala Land Utilisation Order, 1967 for utilisation of the land for other purposes. However, the said request was declined by the 2[nd] respondent based on Ext.P5 circular. The Petitioner had earlier approached this Court by filing W.P.(C)No.30057 of 2017 and this Court allowed the said writ petition relying on the dictum laid down by this Court in **Sivadasan vs. Revenue Divisional Officer, 2017 (3) KLT 822.** 2. Learned Counsel for the petitioner submitted that the application seeking permission to utilize the property was submitted during June 2017, whereas the Section 27A of Act 2008 came into force only on 30.12.2017. In view of the above quoted judgment, this **WP(C).No.34811 of 2019(B) & conn.cases** **5** Court, as per judgment dated 19.9.2019, remitted the matter to the Revenue Divisional Officer to decide Ext.P4 in view of the decision of this Court in **Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182]** . The Revenue Divisional Officer, thereafter, as per order dated 15.2.2019 permitted the petitioner to utilize the said land for other purposes subject to compliance of provisions contained in Section 27A and 27C of the amended provisions of Act 2008 and in violation of **Geo Peter vs. Revenue Divisional Officer [2019 (3) KLT 838]** and **Salim Vs. State of Kerala 2019 (3) KLT 604].** Learned Counsel for the petitioner submits that the impugned order is not sustainable under law, and liable to be set aside to the extent of imposition of conditions. 3. Learned Government Pleader submitted that the condition imposed in Ext.P8 is in accordance with the provisions of Clause 6 (2) of the KLU order and Section 227 A of Act 2008. 4. Having gone through the impugned order and the respective submission made by the learned Counsel for the petitioner and the learnd Government Pleader, I am of the view that the question involved in the present case is squarely covered by the Division Bench judgment this Court in **Salim's Case** (supra), wherein Paragraph 5 read thus: “Having regard to the above submission, the first thing that needs to be noticed here is that the application of the petitioner was filed **6** ## **WP(C).No.34811 of 2019(B) & conn.cases** under Clause 6(2) of the KLU Order and application was not filed, under the Paddy Act. In such circumstances, the amendment to the Paddy Act and the resultant incorporation of S.27A thereto could not in our mind, apply to a consideration of the petitioner's pending application, under the KLU order. In any case, the new provision relates to the change of nature of unnotified land under S.27A of the Paddy Act but cannot be directed to be applied to an application filed under Clause 6 (2) of the KLU order.” The application filed by the petitioner for classification of land is dated 14.7.2017. Thus the order under challenge is not sustainable in the eyes of law. Accordingly, the impugned orders are set aside to the extent of directing the petitioner to comply with the provisions contained in Sections 27A to 27 C of the Act 2008. The writ petitions are allowed. ## **Sd/** **AMIT RAWAL JUDGE** **Jm/** **WP(C).No.34811 of 2019(B) & conn.cases** **7** ## **APPENDIX OF WP(C) 34699/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE SALE DEED DATED 22.02.2008 REGISTERED AD DOCUMENT NO. 595 OF 2008 OF SRO, VAIKOM.** **EXHIBIT P2 A TRUE COPY OF THE REPORT DATED 14.02.2011 SUBMITTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MARAVANTHURUTHU TO THE SECRETARY MARAVANTHURUTHU GRAMA PANCHAYATH REGARDING SURVEY FOR REPARATION OF DATED BANK.** - **EXHIBIT P3 A TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK DATED NIL PREPARED BY MARAVANTHURUTHU GRAMA PANCHAYAT.** **EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 19.06.2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.** - **EXHIBIT P5 A TRUE COPY OF THE CIRCULAR NO. 46848/P1/2016/REVENUE DATED 2.12.2016 ISSUED BY THE GOVERNMENT OF KERALA.** **EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 14.07.2017 ISSUED BY THE 2ND RESPONDENT DECLINING PERMISSION TO UTILISE THE LAND FOR OTHER PURPOSE.** **EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 19.9.2017 OF THIS HONBLE COURT IN WPC NO. 30073 OF 2017** **EXHIBIT P8 A TRUE COPY OF THE ORDER NO. L7-2138/17 DATED 15.02.2019 OF THE 2ND RESPONDENT.** **WP(C).No.34811 of 2019(B) & conn.cases** **8** ## **APPENDIX OF WP(C) 34804/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE SALE DEED DATED 22.02.2008, REGISTERED AS DOCUMENT NO.594 OF 2008 OF SRO, VAIKOM.** - **EXHIBIT P2 A TRUE COPY OF THE REPORT DATED 14.02.2011 SUBMITTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MARAVANTHURUTHU TO THE SECRETARY, MARAVANTHURUTHU GRAMA PANCHAYATH REGARDING SURVEY FOR PREPARATION OF DATA BANK.** - **EXHIBIT P3 A TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK DATED NIL PREPARED BY MARAVANTHURUTHU GRAMA PANCHAYATH.** **EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 19.06.2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.** - **EXHIBIT P5 A TRUE COPY OF THE CIRCULAR NO. 46848/P1/2016 REVENUE DATED 22.12.2016 ISSUED BY THE GOVERNMENT OF KERALA** - **EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 14.07.2017 ISSUED BY THE 2ND RESPONDENT DECLINING PERMISSION TO UTILISE THE LAND FOR OTHER PURPOSES.** **EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 19.09.2017 OF THIS HON'BLE COURT IN WP(C) NO.30111 OF 2017.** **EXHIBIT P8 A TRUE COPY OF THE SAID ORDER NO.L7-2139/17 DATED 12.02.2019 OF THE 2ND RESPONDENT.** **WP(C).No.34811 of 2019(B) & conn.cases** **9** ## **APPENDIX OF WP(C) 34811/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE SALE DEED DATED 22.02.2008 REGISTERED AS DOCUMENT NO.641 OF 2008 OF SRO, VAIKOM.** - **EXHIBIT P2 A TRUE COPY OF THE REPORT DATED 14.02.2011 SUBMITTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MARAVANTHURUTHU TO THE SECRETARY, MARAVANTHURUTHU GRAMA PANCHAAYTH REGARDING SURVEY FOR PREPARATION OF DATA BANK.** - **EXHIBIT P3 A TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK DATED NIL PREPARED BY MARAVANTHURUTHU GRAMA PANCHAYAT.** - **EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 19.06.2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.** - **EXHIBIT P5 A TRUE COPY OF THE CIRCULAR NO.46848/P1/2016/REVENUE DATED 22.12.2016 ISSUED BY THE GOVERNMENT OF KERALA.** - **EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 14.07.2017 ISSUED BY THE 2ND RESPONDENT DECLINING PERMISSION TO UTILISE THE LAND FOR OTHER PURPOSES.** **EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 19.09.2017 OF THIS HON'BLE COURT IN WPC NO.30057 OF 2017.** **EXHIBIT P8 A TRUE COPY OF THE ORDER NO.L7-2137/17 DATED 15.02.2019 OF THE 2ND RESPONDENT.**