George Sebastian and Vince George v. State of Kerala and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE N.NAGARESH`** ## **`THURSDAY, THE 20[TH] DAY OF JULY 2023 / 29TH ASHADHA, 1945`** ## **`WP(C) NO. 21462 OF 2023`** ## **`PETITIONERS:`** - **`1 GEORGE SEBASTIAN AGED 77 YEARS S/O LATE T.J.DEVASIA @ ULAHANNAN DEVASIA, THEKKEKKARA HOUSE AYAVANA P.O., MUVATTUPUZHA, ERNAKULAM, PIN - 686668`** - **`2 VINCE GEORGE AGED 47 YEARS S/O GEORGE SEBASTIAN, THEKKEKKARA HOUSE, AYAVANA P.O. MUVATTUPUZHA ERNAKULAM-, PIN - 686668`** - **`BY ADVS. MATHEWS K. NELLUVELY REJI MATHEW.M MATHEW VARGHESE SABU K. VARGHESE`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REP BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001`** - **`2 STATE OF KERALA O/O THE COMMISSIONER (LAND REVENUE) REVENUE COMPLEX, MUSEUM JUNCTION, THIRUVANATHAPURAM, PIN - 695001`** - **`3 THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD P.O. ERNAKULAM-, PIN - 682030`** - **`4 THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA`** - **`O/O THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM-, PIN - 686673`** - **`5 THE TAHASILDAR, MUVATTUPUZHA TALUK MUDAVOOR P.O. MUVATTUPUZHA ERNAKULAM -, PIN – 686669`** ``` WP(C) NO.21462 OF 2023 ``` ``` 2 ``` ``` 6THE VILLAGE OFFICER, ENANELLOOR VILLAGE KALAMPOOR, ENANELLOOR P.O., MUVATTUPUZHA-, PIN – 686673 ``` ``` SMT.DEEPA. N-SR. GOVERNMENT PLEADER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO.21462 OF 2023 ``` ``` 3 ``` ## **JUDGMENT** Dated this the 20[th] day of July, 2023 The petitioners are owners of 63.94 Ares of land situated in Enanelloor Village of Muvattupuzha Taluk. The land was agricultural land. The petitioners submitted application for using the land for non-agricultural purposes invoking Clause 6 of the Kerala Land Utilisation Order, 1967. 2. The competent authority issued Ext.P6 order granting permission to the petitioners to use the land for nonagricultural purposes. Subsequently, when the Kerala Conservation of Paddy Land and Wetland Act, 2008 came into force, the petitioners’ land was included in the Data Bank of Paddy Land and Wetland constituted under Section 5(4)(i) of the Act, 2008. As the petitioners wanted to use the land for other purposes, the petitioners submitted application for removing the land from Data Bank. The said applications of ``` WP(C) NO.21462 OF 2023 ``` ``` 4 ``` the petitioners were allowed as per Exts.P9 and P10 orders. 3. The grievance of the petitioners is that in spite of the orders obtained under the Kerala Land Utilisation Order, 1967 and removal of the land from Data Bank, the petitioners’ land is described as paddy land in Revenue records. Unless necessary changes are made in the Revenue records and Basic Tax Register, the petitioners cannot fruitfully use their property for other purposes. Though the petitioners submitted Ext.P11 representation to the Tahsildar requiring to implement the order obtained under the Kerala Land Utilisation Order, 1967 the Tahsildar has not taken any decision so far. Unless this Court directs the Tahsildar to change the nature of the land in Basic Tax Register and other Revenue records, the petitioners will be put to untold hardship and loss, contend the petitioners. Furthermore, the 2[nd] respondent-Land Revenue Commissioner has issued Ext.P14 communication that even if the petitioners have obtained orders under the Kerala Land ``` WP(C) NO.21462 OF 2023 ``` ``` 5 ``` Utilisation Order, 1967, the petitioners have to pay fees under the Kerala Conservation of Paddy Land and Wetland Act, 2008. Ext.P14 is illegal and arbitrary, contend the petitioners. 4. Government Pleader entered appearance and resisted the writ petition. The Government Pleader pointed out that though KLU orders have been obtained by the petitioners, the petitioners have not submitted Form-A applications to the Tahsildar. The petitioners would, however, contend that FormA applications were submitted earlier, but copies of those documents are not traceable now. 5. The Government Pleader further submitted that since the KLU Order is of the year 1986, the veracity of the said order will have to be verified by the Tahsildar before making any changes in the Revenue records. 6. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. ``` WP(C) NO.21462 OF 2023 ``` ``` 6 ``` ## 7. In Ext.P15 judgment in _**Fr.Jose Uppani v. The District Collector**_ (W.P.(C) No.8645 of 2020), this Court held ## that:- “in a case where the subject property has been converted as ‘garden land’ or ‘purayidom’ prior to 12.8.2008 (date of coming into force of the 2008 Act) and where the party concerned has filed the requisite application under Rule 6(2) of the Kerala Land Utilization Order, 1967 for conversion of the property and for its use for any non-agricultural purposes, before 30.12.2017 (which is the date of coming into force of the amended provisions of the 2008 Act, which has introduced Sec. 27A thereof), then the statutory revenue authorities are obliged the duty to treat such a case strictly within the purview of Rule 6(2) of the KLU Order, 1967 and in such a case, the party cannot be mulcted to pay the higher amounts conceived as per the amended provisions of the Act including Sec. 27A thereof, which has come into force on 30.12.2017 and the amended Rules framed thereunder.” 8. As the petitioners have already obtained orders under the Kerala Land Utilisation for using the land for nonagricultural purposes and since the property stands converted based on Ext.P6 KLU Order, it would be only just and proper that the Revenue records are corrected accordingly. 9. In the circumstances, Ext.P14 order of the 2[nd] respondent-Land Revenue Commissioner is set aside. If the petitioners submit applications in Form-A under the Kerala ``` WP(C) NO.21462 OF 2023 ``` ``` 7 ``` Land Tax Act, 1961, the 5[th] respondent-Tahsildar shall consider the same and pass appropriate orders thereon, within a period of one month. The writ petition is disposed of as above. Sd/- **N.NAGARESH JUDGE** hmh ``` WP(C) NO.21462 OF 2023 ``` ``` 8 ``` ## **`APPENDIX OF WP(C) 21462/2023`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1COPY OF THE DOCUMENT NO 1269/2008 OF THE SRO, KALLOORKAD ``` - **`Exhibit P2 COPY OF THE PROPERTY TAX RECEIPT DATED NIL ISSUED TO THE 1ST PETITIONER FOR THE PERIOD 2016-17`** - **`Exhibit P3 COPY OF THE DOCUMENT NO.1290/2008 OF SUB REGISTRAR OFFICE, KALLOORKAD`** - **`Exhibit P4 COPY OF THE DOCUMENT NO.1291/2008 OF SUB REGISTRAR OFFICE, KALLOORKAD`** - **`Exhibit P5 COPY OF THE PROPERTY TAX RECEIPT DATED 01-11-2016 ISSUED TO 2ND PETITIONER FOR THE PERIOD 2016-17`** - **`Exhibit P6 COPY OF THE ORDER NO.A3-3954/86 DATED 06.05.1986 OF THE ASSISTANT COLLECTOR, MUVATTUPUZHA ACCORDING PERMISSION FOR CONVERSION OF 150 CENTS OF THE PROPERTY`** - **`Exhibit P7 COPY OF THE LAND TAX RECEIPTS DATED 1202-2022 ISSUED BY THE 6TH RESPONDENT TO THE 1ST PETITIONER`** - **`Exhibit P8 COPY OF THE LAND TAX RECEIPTS DATED 1202-2022 ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER`** - **`Exhibit P9 COPY OF THE ORDERS PASSED BY THE 4TH RESPONDENT, DATED 11-03-2023 DELETING THE PROPERTITES OF THE 1ST PETITIONER FROM DATA BANK`** - **`Exhibit P10 COPY OF THE ORDERS PASSED BY THE 4TH RESPONDENT DATED 11-03-2023, DELETING THE PROPERTIES OF THE 2ND PETITIONER FROM DATA BANK`** - **`Exhibit P11 COPY OF THE REQUEST DATED 14.02.2022 MADE BY THE 1ST PETITIONER TO THE 5TH RESPONDENT`** ``` Exhibit P12COPY OF THE LETTER DATED 07-04-2022 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER ``` ``` WP(C) NO.21462 OF 2023 ``` ``` 9 ``` ``` Exhibit P13 ``` ``` Exhibit P14 ``` ``` Exhibit P15 ``` ``` Exhibit P16 ``` ``` COPY OF THE REPRESENTATION DATED 22.10.2022 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT ON BEHALF OF BOTH THE PETITIONERS ``` ``` COPY OF THE LETTER DATED 01.11.2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER ``` ``` COPY OF THE JUDGMENT DATED 19-03-2020 OF HONOURABLE HIGH COURT OF KERLA IN WP(C) NO. 8645 /2020 IN FR. JOSE UPPANI VS. DISTRICT COLLECTOR AND CONNECTED CASE ``` ``` COPY OF THE JUDGMENT DATED 07-08-2020 OF HONOURABLE HIGH COURT OF KERLA IN WP(C) NO. 15168/2020 ```